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LegalNewsline | W.Va. SC will hear appeal of McGraw victory http://legalnewsline.com/news/226312-w.va.-sc-will-hear-appeal-of-mc... Tuesday, March 30 2010 News | Contact LegalNewsline | About Us | Advertise | RSS Enter search keyword NEWSLETTER Receive our FREE weekly newsletter click here LNL MOST POPULAR ARTICLES LNL HOT TOPICS + Cuccinelli says Virginia law prevents health insurance mandate + Asbestos + Gasoline Prices + Ga. AG thinks health care challenge will fail + Bankruptcy + Global Warming + Calif. AG hopeful launches petition against health care lawsuits + Big Pharma + Hurricane Katrina + Former AG, senator defends McKenna joining health care lawsuit + Class Action + Lead Paint + AG Caldwell back in the national spotlight + Dickie Scruggs + Personal Injury + Financial Crisis + Sub-Prime Mortgages IN THE SPOTLIGHT: Big Pharma Tuesday, March 23, 2010 Delaware ranked best legal climate; West Virginia the worst WEDNESDAY, MARCH 24, 2010 12:29:00 PM WASHINGTON (Legal Newsline)-Delaware continues to have the best legal climate in the United States, W.Va. SC will hear appeal of McGraw victory while West Virginia still holds the distinction of having BY JOHN O'BRIEN the most anti-business courts in the nation, a survey CHARLESTON, W.Va. (Legal Newsline) - The West Virginia released today indicates. Supreme Court will hear Johnson & Johnson's appeal of a Read more... nearly $4.5 million civil penalty imposed on it in a lawsuit brought by state Attorney General Darrell McGraw. + New Mexico appellate judges failing to curb liability, The justices decided in a 3-1 vote on March 10 to examine the report says - 3/10 $4,475,000 decision from Brooke County. Only Chief Justice + 'Land of Enchantment' in 'Hellhole': Tort reform Robin Davis voted against hearing the appeal, while Justice group calls New Mexico's appeals court 'pro-liability' - Margaret Workman did not participate. 3/2 + Group puts the brakes on Honda class action Justice Thomas McHugh was disqualified from the vote, and settlement - 2/23 Mercer County Judge Omar Aboulhosn replaced him. + AG Brown, feds sitting out whisteblower suit against pipemaker - 2/18 McGraw filed the case in 2004, alleging Johnson & Johnson's + Calif. AG hopeful vows to target public employee subsidiary Janssen Pharmaceutica made misleading statements pension increases - 2/12 about the antipsychotic drug Risperdal and pain patch Duragesic. BROWSE BY STATE: A penalty of $5,000 was assessed by the court in each instance the company delivered promotional materials personally to a state doctor and $500 for each time they were delivered by BROWSE BY AG: letter or brochure. McGraw The court noted in its order, "The defendants were twice put on notice by previous [FDA] warning letters BROWSE BY DATE: that its promotional materials for Duragesic contained false or misleading statements; however . the defendants then willfully sent the false or misleading Duragesic [brochure] to West Virginia health care providers to make its medication Duragesic more appealing for sale." LATEST LNL BLOG ENTRIES: The order also said, "The wording of (the defendants') November 2003 Risperdal letter was intentionally + Abbott: Beware Dietary Supplement Scams and constructed to modify the FDA's warning language and mislead healthcare professionals, who rely on 'Miracle' Health Claims this information when prescribing medication for their patients." + Abbott's signs of a scam + AG McCollum on convicts in the mortgage industry The Washington Legal Foundation has come to the defense of Janssen, filing a brief with the Supreme Court urging it to hear the case. It also plans to file a merits brief. NEWS WIDGET: "(T)he circuit court ignored First Amendment case law that requires heightened First Amendment Attention bloggers: scrutiny when the speech being regulated touches upon matters of public concern," WLF's brief said. Add Record Headlines to your site! "The circuit court's determination that Janssen's statements did not involve matters of public concern cannot survive the 'red face' test. WLF can think of few matters of greater public concern than the issues addressed by Janssen's statements: the safety and effectiveness of FDA-approved drugs. News from "An appeal is warranted to determine whether, as Janssen contends, the First Amendment permits the LegalNewsline: imposition of financial penalties only after a court has determined both that the statements in question were false or misleading and that Janssen acted in reckless disregard for the truth of the statements." Va. Dems petitioning against Cuccinelli's health care challenge From Legal Newsline: Reach John O'Brien by e-mail at [email protected]. Montana, Eli Lilly reach $13M Filed Under: Hot Topics agreement Technorati Links Calif. AG candidate takes aim at Texas oil companies West Virginia should be wary of plaintiffs lawyers, SC justice COMMENTS ON THIS ARTICLE: warns No comments have been posted in the last 15 days! Brown up against wealthy 1 of 2 3/30/2010 4:55 PM LegalNewsline | W.Va. SC will hear appeal of McGraw victory http://legalnewsline.com/news/226312-w.va.-sc-will-hear-appeal-of-mc... Republicans SEND US YOUR COMMENTS ON THIS ARTICLE: * - Required fields More News... Subject: * fast + free- click here Message: * Disability Advocates We Can Help With Your Disability Lawsuit. Get A Contact Name: * Free Evaluation! www.BinderAndBinder.com Contact URL: Contact Ask a Lawyer: Email: * Lawsuit Law 24 Lawyers Are Online! Ask a Question, Get an Answer ASAP. Write the characters in the image above: Law.JustAnswer.com Minneapolis E-mail this article to a friend | Printer friendly format Banking Lawsuit Find local financial attorneys in the MORE NEWS HEADLINES: Minneapolis area. www.DexKnows.com + Montana, Eli Lilly reach $13M agreement - 3/30 + W.Va. SC will hear appeal of McGraw victory - 3/24 + Feds, states reach $42M agreement with Alpharma - 3/17 + Drug company will pay $3.8M in Massachusetts - 3/10 Courts For + Retrial beneficial for plaintiff in 'Judicial Hellhole' - 2/19 Bankruptcy CA + Lilly settles Ark. suit brought by Bailey firm - 2/18 Learn Your + Lilly decides to settle with AG Hood - 2/4 Financial Options + Ky. judge hits AstraZeneca with $5.3M civil penalty - 1/28 In CA Free + Hood's Zyprexa case dismissed - 1/27 Consultation With + WLF paper praises Ala. SC decision - 1/27 Our Lawyers www.PriceLawGroup.com/California CA Bankruptcy Courts Providing CA Bankruptcy Relief For 19yrs. Get Your Life Back- Call Us! www.PriceLawGroup.com/California Civil Settlement Get Legal Advice for Civil Suits. Matched Instantly! Start in Seconds RequestLegalHelp.com NEWS | CONTACT LEGALNEWSLINE | ABOUT US | ADVERTISE | RSS © 2008 LegalNewsLine.com. All Rights Reserved. 2 of 2 3/30/2010 4:55 PM.