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ONY, INC. v. CORNERSTONE THERAPEUTICS, INC.

Docket No. 12-2414-cv.

720 F.3d 490 (2013)

ONY, INC., Plaintiff-Appellant, v. CORNERSTONE THERAPEUTICS, INC., Chiesi Farmaceutici S.P.A., Rangasamy Ramanathan, M.D., Jatinder J. Bhatia, M.D., Krishnamurthy C. Sekar, M.D., Defendants-Appellees, Nature America, Inc. dba Nature Publishing Group, Edward E. Lawson, M.D., American Academy of Pediatrics, Premier, Inc. dba Premier Research Services, Frank R. Ernst, Pharm.D., Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 26, 2013.

Attorney(s) appearing for the Case

Mitchell J. Banas, Jr. , of counsel, Jaeckle Fleischmann & Mugel, LLP, Buffalo, NY, for plaintiff-appellant.

J. Kevin Fee ( Kristin H. Altoff , Jordana S. Rubel , on the brief), Morgan, Lewis & Bockius, Washington, D.C., for defendants-appellees.

Before: WINTER, CALABRESI, and LYNCH, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

This case asks us to decide when a statement in a scientific article reporting research results can give rise to claims of false advertising under the Lanham Act, deceptive practices under New York General Business Law § 349, and the commonlaw torts of injurious falsehood and interference with prospective economic advantage. We conclude that, as a matter of law, statements of scientific conclusions about unsettled matters of scientific...

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