Dennis F. McCue v. Sandoz, Inc.

972 F.2d 1340 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dennis F. McCUE, Plaintiff-Appellant, v. SANDOZ, INC., Defendant-Appellee. No. 91-35443. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1992. Decided July 28, 1992. Before FARRIS, WILLIAM A. NORRIS and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff McCue was an employee of defendant Sandoz, Inc., a large pharmaceutical manufacturer and distributor. Plaintiff's job was to contact pharmacists and licensed medical practitioners to encourage them to prescribe defendant's products to their patients. During the course of his employment, plaintiff frequently disseminated sample packages of defendant's products to licensed practitioners. Accordingly, plaintiff had ready access to these samples, including samples of the drug Fiorinal with Codeine No. 3 (FIO-3). Because of the risk of addiction, FIO-3 is listed as a prescription-only drug under the Federal Food, Drug and Cosmetic Act and…