May 18, 2011

California Supreme Court declines to review or depublish opinion allowing punitive damages for insufficiently detailed ibuprofen warnings

The California Supreme Court has denied the petition for review in Johnson & Johnson v. Superior Court, the case in which the Court of Appeal held that punitive damages could be imposed on Johnson & Johnson for failing to include enough details in its warning labels for ibuprofen.  You can view the order on the Supreme Court's on-line docket.

The Supreme Court also denied a request for depublication that Horvitz & Levy submitted on behalf of Honeywell.  Our request argued that the opinion, which was originally unpublished, does not merit publication because the factual discussion is so sparse that it provides no meaningful guidance for evaluation of punitive damages claims in future failure-to-warn cases, and could create confusion about the applicable standards.

Related posts:

Johnson & Johnson asks California Supreme Court to review case allowing punitive damages for ibuprofen warnings

Court of Appeal publishes opinion on punitive damages against Johnson & Johnson for ibuprofen warnings

Johnson & Johnson v. Superior Court; plaintiffs can seek punitive damages for incomplete ibuprofen warnings