SSJR Successfully Secures Dismissal for ChemWerth
Bryan Corp.’s breach of contract and misrepresentation lawsuit against SSJR client ChemWerth, Inc., a full service generic drug development and supply company founded by Peter J. Werth, Jr., recently ended in dismissal of all remaining claims with prejudice. In a trial that was to begin September 21, 2015, Bryan Corp. was seeking over $2 million on claims of misrepresentation surrounding ChemWerth’s supply of the chemical antibiotic tobramycin sulfate, which was used to prepare an ANDA that Bryan Corp. submitted to FDA in 2010. Early in the case, ChemWerth had impleaded Bryan Corp.’s consultant, Waldman Biomedical Consultancy, as causing and contributing to any damage that Bryan Corp. suffered on the project. SSJR was able to secure dismissal on terms favorable to ChemWerth due, in large part, to SSJR’s successful dismissal on summary judgment of Bryan Corp.’s main claims for breach of contract and promissory estoppel.