Hydroxychloroquine Seller’s Contract Claims Survive Maker’s Bid For Dismissal

( December 5, 2024, 2:16 PM EST) -- TRENTON, N.J. — Applying the economic loss doctrine to a pharmaceutical supplier’s allegations that a manufacturer committed fraud as to a contract for the purchase of large quantities of hydroxychloroquine and chloroquine phosphate in refusing to accept returns of and provide refunds for unsold products, a New Jersey federal judge on Dec. 4 granted the manufacturer’s motion for judgment on the pleadings in part, dismissing the fraud claims and a claim for indemnification, but granted the supplier’s cross-motion for leave to file a second amended complaint to clarify counts alleging that the manufacturer was in breach of certain contractual clauses....