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PEOPLE v. JOHNSON & JOHNSON

No. D077945.

77 Cal.App.5th 295 (2022)

THE PEOPLE, Plaintiff and Respondent, v. JOHNSON & JOHNSON et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

As modified April 27, 2022.

Attorney(s) appearing for the Case

O'Melveny & Myers, Charles C. Lifland , Jason Zarrow , Lauren F. Kaplan , Stephen D. Brody and Martha F. Hutton for Defendants and Appellants.

Horvitz & Levy, David M. Axelrad and Scott P. Dixler for the Advanced Medical Technology Association as Amicus Curiae on behalf of Defendants and Appellants.

Barnes & Thornburg and Kevin D. Rising for the American Urogynecological Society, the Society of Gynecologic Surgeons, the American Association of Gynecologic Laparoscopists, and the Society of Urodynamics, Female Pelvic Medicine and Urogenital Reconstruction as Amici Curiae on behalf of Defendants and Appellants.

California Appellate Law Group, Ben Feuer and Julia Partridge for the U.S. Chamber of Commerce and American Tort Reform Association as Amici Curiae on behalf of Defendants and Appellants.

Tucker Ellis, Mollie F. Benedict and Peter L. Choate for the Washington Legal Foundation as Amicus Curiae on behalf of Defendants and Appellants.

Rob Bonta , Attorney General, Nicklas Akers , Assistant Attorney General, Jon Worm , Adelina Acuña , Tina Charoenpong , Monica J. Zi , Gabriel Shaeffer and Daniel Osborn , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

I

INTRODUCTION

Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC (collectively, Ethicon), appeal an adverse judgment following a bench trial. The trial court levied nearly $344 million in civil penalties against Ethicon for willfully circulating misleading medical device instructions...

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