Study Aids
Case Briefs Overview
Casebooks
Case Briefs
O

ONY, Inc. v. Cornerstone Therapeutics, Inc.

720 F.3d 490 (2013)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

ONY, Inc. v. Cornerstone Therapeutics, Inc.

United States Court of Appeals for the Second Circuit
720 F.3d 490 (2013)

MP

Facts

ONY, Inc. (plaintiff), the manufacturer of one of three Food and Drug Administration-approved (FDA) surfactant drugs for treatment of respiratory distress syndrome in neonatal infants, sued one of its competitors, Chiesi, and its distributor, Cornerstone Therapeutics, Inc., (defendants) for false advertising under the Lanham Act, 15 U.S.C. §§ 1051-1127. ONY alleged that Chiesi and Cornerstone issued a press release and distributed promotional materials touting the conclusions in an article published in a peer-reviewed medical journal reporting results of a Chiesi-sponsored study that concluded that Chiesi’s drug was associated with a lower mortality rate than either of its competitors’ drugs. ONY alleged that the study’s scientific methodology was flawed because it failed to mention any length-of-stay data, which it contended was intentional and selective distortion of the differences in the groups treated with the different drugs, and the study failed to cite articles with different conclusions. ONY also alleged that the circumstances surrounding the decision to publish the results of the study were unusual because one of the two peer-reviewers objected to its publication and the editor-in-chief broke the tie.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Healthcare Law

Key Terms