For the second time in a week, lawyers for Schering-Plough [this time Lowenstein Sandler; last time Dechert LLP] have confused the evidentiary import of an FDA Safety Announcement. Lowenstein Sandler has now made the same argument (over the same objections), in the Schering ENHANCE Securities Fraud putative class action, as Dechert made in the ENHANCE Sales Practices putative class action, captioned Polk (document 144, in Case 08-cv-285), on Monday.
Here is a PDF of the Securities Fraud version of the letter/brief (Document 90, in Manson, 08-cv-397).
Wild.
Friday, January 16, 2009
Lowenstein Sandler Compounds Dechert's Errors -- Repeating a Brief, in Manson, the ENHANCE Securities-Fraud Matter. . . .
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