Ortho-McNeil-Janssen Pharmaceuticals, Inc. F/k/a Janssen Pharmaceutica, Inc., And/or Janssen, Lp; and Johnson &…

Summary

The court held that the Medicaid Fraud False Claims Act provision at issue applied only to false statements connected with certification or recertification of covered healthcare institutions, not to Janssen's drug labeling or Medicaid reimbursement conduct, and therefore dismissed the State's MFFCA claim. The court also held that the FDA warning letter was inadmissible under the public-records hearsay exception because it resulted from a special investigation of Janssen's specific promotional letter and was more prejudicial than probative, requiring reversal and remand of the DTPA claim. Justice Danielson, joined by the Chief Justice and Justice Corbin, concurred in the MFFCA disposition but would have admitted the warning letter and affirmed on the DTPA evidentiary issue.