Corporate Governance

Delaware Courts and the Validation of Misleading Disclosure: In re Transkaryotic (Orphan Drugs)(Part 7)

By J. Robert Brown

We are discussing In re Transkaryotic, a relatively recent Delaware case that contains bad law and reflect the anti-plaintiff bias of the Delaware courts.  

The Court described some of plaintiffs' description as "sloppy and disingenuous".  The opinion, however, noted the following:  "Products used to treat rare diseases are known as 'orphan drugs'"  The statement is incomplete.  As the FDA web page notes:  "The term 'orphan drug' refers to a product that treats a rare disease affecting fewer than 200,000 Americans."  Sloppy and disingenuous?  You decide.

Full post as published by The Race to the Bottom on July 25, 2008 (boomark / email).