A recent decision by a New Jersey federal court sets a tough standard for plaintiffs trying to piggyback on government investigations of off-label drug marketing. In dismissing a lawsuit against Schering-Plough Corp., federal district court Judge Stanley Chesler ruled that even if the company has violated off-label marketing rules — as it seems to have done for two cancer drugs — plaintiffs must prove that the drug was marketed for an ineffective use, and the patient received no benefit from it.

Gavin Rooney of Lowenstein Sandler represented Schering-Plough, along with Joan McPhee of Ropes & Gray. The plaintiffs were represented by John Keefe Jr. of Keefe Bartels in Shrewsbury, N.J., and Jay Eisenhofer of Grant & Eisenhofer.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]