Successful Trial Court Defense and Dismissal of $20 Million Claim Brought by Oregon’s Attorney General

Ball Janik LLP successfully defended Johnson & Johnson, McNeil-PPC, Inc., and McNeil Healthcare, LLC (collectively Johnson & Johnson) in a $20 million lawsuit brought in January 2011 by the State of Oregon for alleged violations of Oregon’s Unfair Trade Practices Act.  Oregon’s Attorney General was the first to bring suit among the state attorneys general who were investigating Johnson & Johnson for allegedly selling defective Motrin® 8-count and 24-count caplets.  Johnson & Johnson successfully moved to dismiss the Complaint and the Amended Complaint.  The trial court dismissed the state’s case in November 2012, and Johnson & Johnson obtained an award of prevailing party attorneys’ fees.  The state has appealed this decision and the case is now pending in the Oregon Court of Appeals.