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

Summary

The court held that the Arkansas Medicaid Fraud False Claims Act provision applied only to false statements made in connection with an institution's certification or recertification, so it did not reach Janssen, a pharmaceutical manufacturer, and the State's MFFCA claim was dismissed. 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 particular promotional letter and was more prejudicial than probative, requiring reversal and remand of the DTPA claim. Justice Danielson, joined by Chief Justice Hannah and Justice Corbin, concurred in the MFFCA disposition but would have upheld admission of the warning letter and affirmed the DTPA judgment.