Statements published in a scientific journal cannot give rise to false advertising or other tort claims as long as the underlying scientific data are not fabricated, a federal appeals court has ruled, dismissing a defamation lawsuit filed by pharmaceutical company ONY, Inc. against its rivals.
Judge Gerard Lynch (See Profile), writing for a unanimous panel of the U.S. Court of Appeals for the Second Circuit that included Judges Ralph Winter (See Profile) and Guido Calabresi (See Profile), ruled on Wednesday in ONY v. Cornerstone Therapeutics, 12-2414, that the nature of scientific research precludes such claims, affirming a decision by Western District Judge William Skretny (See Profile).
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