Miller, Del Pizzo, Gabay and Kang Secure Summary Judgment on All Claims

August 24, 2017 | Commercial Litigation

Greg Miller, Nancy Del Pizzo, Jenna Gabay and Gene Kang secured summary judgment dismissing the entire complaint against our client, a distributor of pharmaceutical products.

Plaintiff had sought damages in excess of $4 million. Moreover, the New Jersey team overcame plaintiffs’ motion for summary judgment on the client’s counterclaims, entitling our clients to pursue its monetary damages at trial.

The Court dismissed Plaintiff’s claims that it: (i) was entitled to share in 50% of the client’s profits from the sale of the product at issue and (ii) owed payment from our client for product it manufactured under the parties’ contract that was the subject of a consent agreement with the FDA, which removed the product from the market, among other requirements.

Our client’s counterclaims seeking in excess of $5 million are scheduled for trial in September.

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