News

November 2009

KBTF Obtains Dismissal of Virtually All Claims in Actimmune™ Marketing Consumer Class Action Cases

William M. Goodman


In a November 6, 2009 decision, KBT&F obtained dismissal of virtually all claims, most being dismissed without leave to amend, against Dr. Scott Harkonen, former CEO of pharmaceutical company Intermune, in consolidated consumer class action cases filed in federal court in San Francisco arising out of alleged fraud and deception in the marketing of Actimmune™ for the treatment of idiopathic pulmonary fibrosis. District Judge Marilyn Hall Patel ruled that the plaintiffs failed to meet the pleading requirements for virtually all of the consumer protection state law claims in the Complaints. Judge Patel had previously dismissed civil RICO claims in the same cases in their entirety. San Francisco partner William Goodman and associate Tania Mortensen represent Dr. Harkonen in these class action cases.