Quimbee logo
DMCA.com Protection Status

Schering Corp. v. Pfizer, Inc.

189 F.3d 218 (1999)

Case BriefRelatedOptions
From our private database of 30,900+ case briefs...

Schering Corp. v. Pfizer, Inc.

United States Court of Appeals for the Second Circuit

189 F.3d 218 (1999)

Facts

Schering Corporation (Schering) (plaintiff) had an antihistamine product, Claritin, that clinical tests showed did not cause any more sedation, i.e., sleepiness, than a placebo. Pfizer, Inc. (Pfizer) (defendant) helped market and distribute a competing antihistamine, Zyrtec. Clinical tests showed that Zyrtec caused twice as much sedation as either Claritin or a placebo. Schering sued Pfizer, claiming that Pfizer’s sales representatives were making false or misleading statements that Zyrtec caused low or no sedation. This lawsuit was settled, with Pfizer agreeing that its sales representatives would not expressly claim that Zyrtec caused low or no sedation, nor would they imply that it caused no sedation. Two years later, Schering sued Pfizer again, claiming that Pfizer had breached the settlement agreement and violated a federal false-advertising law. Pfizer hired two marketing companies to survey doctors about the doctors’ impressions after meeting with Pfizer sales representatives. Schering hired one of the same companies for its own survey. This survey showed that Pfizer’s sales communications left 16 percent of doctors with the impression that Zyrtec did not cause any sedation. Schering moved for a preliminary injunction and tried to introduce Pfizer’s and Schering’s surveys as evidence at the hearing. The trial court ruled that the surveys were inadmissible hearsay and irrelevant and denied Schering’s request for a preliminary injunction. Schering appealed that denial.

Rule of Law

Issue

Holding and Reasoning (Sotomayor, 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 552,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—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 552,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 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 552,000 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
  • 30,900 briefs - keyed to 984 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