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Walden Macht Haran & Williams LLP partner Adam Cohen and counsel Johnson Lin successfully obtained a complete dismissal for their client in a closely watched federal case arising out of the sweeping generic drug price-fixing investigation conducted by the U.S. Department of Justice (DOJ).

Former pharmaceutical executive Ara Aprahamian, who was indicted by the DOJ with antitrust charges that were later dismissed, sued six entities and individuals, including WMHW’s individual client, whom Aprahamian alleged had all provided DOJ prosecutors with fabricated accounts that falsely implicated him.  Aprahamian asserted claims for malicious prosecution, malicious abuse of process, defamation, and civil rights violations under 42 U.S.C. § 1983.

In a detailed 28-page opinion, U.S. District Judge Nelson S. Román agreed with the arguments made by WMHW, and others, and dismissed each of the claims.  Most significantly, Judge Román agreed with Cohen and Lin that the complaint alleged, at most, that the defendants lawfully cooperated with the government.  He dismissed two of the claims as implausibly alleged and dismissed two others with prejudice because they are time-barred under the relevant statutes of limitations.  Judge Román gave Aprahamian until February 23, 2026, to amend his complaint to replead the two claims that were dismissed without prejudice, but added that Aprahamian “certainly has high hurdles to overcome.”

In addition, Cohen and Lin invoked New York’s anti-SLAPP (strategic lawsuit against public participation) statute and argued in their dismissal motion that Aprahamian is liable for legal fees for filing suit against defendants for their alleged cooperation with prosecutors.  “Bluntly,” they wrote, “Aprahamian’s Complaint seeks to punish the Defendants for their communications with the Government … about an alleged price-fixing scheme in the pharmaceuticals market (undoubtedly an issue of public interest, as opposed to a purely private matter).”  Because the complaint fails to state a claim, they argued, the action should be deemed to have been brought without a substantial basis in fact and law and the court should grant attorneys’ fees.  Judge Román’s opinion left open that possibility, to be determined after Aprahamian’s remaining claims reach a final disposition.