Ark. High Court Tosses Nexium Marketing Fraud Suit

Law360, New York (November 9, 2009, 1:04 PM EST) -- The Arkansas Supreme Court has upheld the dismissal of a suit alleging that AstraZeneca Pharmaceuticals LP fraudulently marketed heartburn drug Nexium as better than its predecessor Prilosec.

The high court on Thursday affirmed a county court's dismissal of the complaint, ruling that the plaintiffs had failed to sufficiently state their claims and that the county court was right to not recuse itself from the suit.

Prilosec, a proton pump inhibitor used in the treatment of gastroesophageal reflux disease, was AstraZeneca's most profitable drug by the time...
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