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April 27th, 2018

5th Circuit Court of Appeals Overturns $502 Million J&J Verdict after Finding ‘Unequivocally Deceptive’ Conduct by Plaintiffs’ Lawyer

On Wednesday, April 25, 2018, the 5th Circuit Court of Appeals threw out a half-billion dollar verdict against Johnson & Johnson and DePuy Orthopedics and ordered a new trial in a bellwether products liability case that involved DePuy’s Pinnacle hip implant devices.

Writing for the three-judge panel, U.S. Circuit Judge Jerry Smith said that U.S. District Judge Ed Kinkeade in Dallas, TX, erred  by allowing plaintiffs’ lawyers to present “inflammatory character evidence” about defendants.  Judge Kinkeade allowed evidence regarding past wrongdoing by the defendants, evidence that was both “unduly prejudicial and irrelevant to the jury.”

The “most problematic evidence” were allegations about bribes that Johnson & Johnson paid to “henchmen” . . . → Read More: 5th Circuit Court of Appeals Overturns $502 Million J&J Verdict after Finding ‘Unequivocally Deceptive’ Conduct by Plaintiffs’ Lawyer