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Parent J&J Is Off the Hook; Not So Its Subsidiary
U.S. District Judge Michael Shipp has granted Johnson & Johnson's (J&J's) motion for summary judgment in a suit alleging that its subsidiary, Janssen Products, promoted off-label use of its HIV/AIDS drugs Prezista and Intelence. Citing to precedent set by the U.S. Court of Appeals for the Third Circuit in In re Burlington Coat Factory Securities Litigation, Judge Shipp concluded that “mere ownership” of a subsidiary did not subject the parent company to liability. However, the qui-tam claims brought by relators within Janssen's sales force got the green light to go forward.
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