STORY FROM: Drugs & Medical Devices

RICO, Lanham Act Claims in Levaquin Action Not Cognizable, D.C. Judge Rules

WASHINGTON, D.C. — A federal judge has dismissed claims that Johnson & Johnson violated the Racketeer Influenced Corrupt Organizations Act by concealing information concerning Levaquin’s risks, explaining that the claims are not cognizable because they are based on harms flowing from personal injuries, rather than business or property.

In a March 31 order, Judge Richard J. Leon of the U.S. District Court for the District of the District of Columbia also dismissed the plaintiffs’ Lanham Act claims, finding they failed to allege “injury to a commercial interest in reputation or sales,” as required by the Act. In addition, the judge ...

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