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SCHWARTZ v. GENFIT, S.A.

Index No. 657123/20 Appeal No. 16575-16575A Case No. 2021-04513.

212 A.D.3d 96 (2022)

180 N.Y.S.3d 100

2022 NY Slip Op 06892

DARYL SCHWARTZ, Appellant, v. GENFIT, S.A., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 6, 2022.

Attorney(s) appearing for the Case

Pomerantz LLP, New York City ( Michael J. Wernke and Jeremy A. Lieberman of counsel), Pomerantz, LLP, Chicago, IL ( Patrick V. Dahlstrom , of counsel), and Bronstein, Gewirtz & Grossman, LLC, New York City ( Peretz Bronstein of counsel), for appellant.

Cooley LLP, New York City ( Sarah M. Lightdale , Aric H. Wu , and Christopher L. Martin, Jr. of counsel), for Genfit, S.A. and others, respondents.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Susan L. Saltzstein , Scott D. Musoff and Maria da Silva of counsel), for SVB Leerink LLC and others, respondents.

GESMER, OING, KENNEDY and SCARPULLA, JJ. concur.

OPINION OF THE COURT

Defendant Genfit, S.A. is a French pharmaceutical company. Its main product is a drug called elafibranor, which Genfit hoped would treat a liver disease known as nonalcoholic steatohepatitis (NASH). In order to obtain FDA approval, Genfit conducted clinical trials to determine the drug's efficacy. After...

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