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March 17, 2026
Cadwalader partner Martin Weinstein was featured in Bloomberg Law discussing Janssen Products LP’s appeal of a record-setting $1.6 billion False Claims Act judgment tied to the marketing of its HIV drugs Prezista and Intelence.
Martin noted that Janssen’s challenge to the trial court’s jury instructions on falsity “could be promising” on appeal, explaining that the district court improperly suggested to jurors that FDA approval of a particular use is required for Medicare and other federal health-care programs to reimburse related claims.
He added that if the Third Circuit agrees the court erred by inserting this “on the label” concept into the instructions, that error could provide a strong basis for the court to question the jury’s verdict.
Read the full article in Bloomberg Law here.