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STATE EX REL. McGRAW v. JOHNSON & JOHNSON

No. 35500.

704 S.E.2d 677 (2010)

STATE of West Virginia ex rel. Darrell V. McGRAW, Jr., Attorney General, Plaintiff Below, Appellee v. JOHNSON & JOHNSON and Janssen Pharmaceutica Products, L.P., Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Rebecca A. Betts, Esq. , Debra C. Price, Esq. , Allen, Guthrie & Thomas, PLLC, Charleston, WV, Darrell V. McGraw, Jr., Esq. , Attorney General, Frances H. Hughes, Esq. , Chief Deputy Attorney General, Robert A. Goldberg, Esq. , Special Assistant Attorney General, Charleston, WV, and Barry Hill, Esq. , Special Assistant Attorney General, Wheeling, WV, Attorneys for Appellee.

Stephanie D. Taylor, Esq. , Jones Day, Pittsburgh, PA, Attorney for Amicus Curiae Product Liability Council, Inc.

Johnny Knisely, Esq. , Goodwin & Goodwin, LLP, Charleston, WV, Attorney for Amicus Curiae Pharmaceutical Research and Manufacturers of America.

Forrest Roles, Esq. , Mark A. Carter, Esq. , Dinsmore & Shohl LLP, Charleston, WV, Attorneys for Amicus Curiae Washington Legal Foundation.

PER CURIAM:

The State of West Virginia, by its Attorney General, Darrell V. McGraw, Jr., ("the State"), sued Appellants Johnson & Johnson and Janssen Pharmaceutica Products, L.P. (jointly "the Appellants") under the West Virginia Consumer Credit and Protection Act, W. Va.Code §§ 46A-1-101 to -139 (2006) ("Consumer Protection Act"). The State asserts that the Appellants communicated false and misleading information to healthcare providers in West Virginia...

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