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CALDWELL EX REL. STATE v. JANSSEN PHARMACEUTICAL, INC.

No. 11-1184.

100 So.3d 865 (2012)

"Buddy" CALDWELL, Attorney General ex rel. STATE of Louisiana v. JANSSEN PHARMACEUTICAL, INC., et al.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied October 17, 2012.

Attorney(s) appearing for the Case

Patrick C. Morrow , James P. Ryan , Jeffrey M. Bassett , Morrow & Morrow, Opelousas, LA, Kenneth W. DeJean , Attorney at Law, Lafayette, LA, Robert Lyle Salim , Attorney at Law, Natchitoches, LA, L. Christopher Styron , Assistant Attorney General, Baton Rouge, LA, Michael W. Perrin , Fletcher V. Trammel , Bailey, Perrin & Bailey, Kenneth T. Fibich , Fibich, Hampton, et al., Robert Cowan , Attorney at Law, Houston, TX, for Plaintiff/Appellee, James D. "Buddy" Caldwell, Louisiana Attorney General.

James B. Irwin , David W. O'Quinn , Kim E. Moore , Monique M. Garsaud , Douglas J. Moore , Irwin, Fritchie, Urquhart & Moore, LLC, New Orleans, LA, James T. Guglielmo , James C. Lopez , Guglielmo, Lopez, Tuttle, Opelousas, LA, Thomas F. Campion , Drinker, Biddle & Reath, LLP, Florham Park, NJ, Brian C. Anderson , Michael E. Stamp , Stephen D. Brody , O'Melveny & Myers, LLP, Washington, DC, for Defendants/Appellants, Johnson & Johnson, Ortho-McNeil Janssen Pharmaceutical, Inc.

Court composed of J. DAVID PAINTER, SHANNON J. GREMILLION, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

The issue in these consolidated cases is whether the Attorney General, acting with authority pursuant to the Louisiana Medical Assistance Programs Integrity Law (MAPIL), La.R.S. 46:437.1 through 46:440.3,1 and represented by private attorneys, can successfully recover civil penalties from a pharmaceutical company without proving damages. After a multi-day trial, the jury unanimously concluded that the pharmaceutical company...

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