Ninth Circuit Affirms Ruling Ending Amgen Class Action MDL

Skadden secured a significant victory for Amgen, Inc. when the U.S. Court of Appeals for the Ninth Circuit affirmed a June 2009 district court ruling dismissing with prejudice plaintiffs' claims that Amgen allegedly engaged in a scheme to promote off-label uses of Amgen's anemia medicines, Epogen and Aranesp. The three-judge panel held, among other things, that plaintiffs' amended complaint failed to satisfy the particularity requirements of its RICO and consumer fraud claims and "failed to plead a cognizable theory of proximate causation."