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Suit By Patients, Zurich Over Actimmune Tossed

Law360 (April 30, 2009, 12:00 AM EDT) -- A federal judge has dismissed a suit by a putative class of patients and their insurer Zurich Insurance Co. alleging that biotechnology company InterMune Inc. fraudulently promoted its drug Actimmune as a valid remedy for a lung disease it is not approved to treat.

The judge dismissed the suit without prejudice on Tuesday and will allow the plaintiffs to file an amended complaint in the U.S. District Court for the Northern District of California within 30 days.

According to the judge, the plaintiffs failed to plead...
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