Pfizer Secures Dismissal of Whistleblower Claims

Skadden represented Pfizer Inc. in its successful motion to dismiss a qui tam action under the False Claims Act in connection with allegations that the company improperly promoted its medicine Lipitor for off-label use. On November 14, Judge Brian Cogan of the U.S. District Court for the Eastern District of New York agreed with Skadden's arguments, ruling that federal cholesterol guidelines are meant to be advisory rather than restrictive in definition. Skadden previously secured a dismissal of RICO and consumer fraud claims brought against Pfizer.