Legal Opinion

Caldwell ex rel. State v. Janssen Pharmaceutical, Inc.

Louisiana Court of Appeal

Decided August 31, 2012No. 11-1184PublishedCited by 5 opinions

1Opinion of the Court

KEATY, Judge.

I/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’s aggressive marketing campaigns had violated MAPIL, resulting in a civil penalty of $257,679,500. The pharmaceutical company was also assessed $70,000,000…

2Cases cited58 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Arceneaux v. DomingueSupreme Court of Louisiana · 1978
  3. Capo v. BlanchardLouisiana Court of Appeal · 1924
  4. Grasser Contracting Co. v. City of New OrleansLouisiana Court of Appeal · 1927
  5. Anderson v. New Orleans Public Service, Inc.Supreme Court of Louisiana · 1991

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3Cited by5 opinions

  1. Caldwell v. Janssen Pharmaceutica, Inc.Supreme Court of Louisiana · 2014
  2. Caldwell ex rel. State v. Janssen Pharmaceutical, Inc.Louisiana Court of Appeal · 2012
  3. Dr. Mickey Lee Peshoff v. Kenneth R. BelangerLouisiana Court of Appeal · 2013
  4. Ronald Nero v. Allied Waste ServicesLouisiana Court of Appeal · 2019
  5. State v. ThompsonLouisiana Court of Appeal · 2013

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