Johnson & Johnson v. Guidant Corp.

OPINION AND ORDER

GERARD E. LYNCH, District Judge.

This case arises from a proposed merger that left plaintiff Johnson & Johnson (“J & J”) with a broken heart. The object of J & J’s affections, Guidant Corporation (“Guidant”), was instead acquired by defendant Boston Scientific Corporation (“BSC”), except for a piece of Guidant’s business that was divested to defendant Abbott Laboratories (“Abbott”). J & J claims that a merger agreement between it and Guidant was violated when Guidant provided certain due diligence materials to Abbott. This allegedly improper information-sharing was shortly…