Arkansas AG Asks Court To Reconsider Drug Ruling

Apr 8, 2014

File photo of Attorney General Dustin McDaniel.
Credit Michael Hibblen / KUAR News

Arkansas Attorney General Dustin McDaniel is asking the state Supreme Court to reconsider its decision tossing out a $1.2 billion judgment against drugmaker Johnson & Johnson over the marketing of the antipsychotic drug Risperdal.

McDaniel on Monday filed a petition for rehearing over the high court's decision last month that the state misapplied the Medicaid fraud law in its suit against Johnson & Johnson and its subsidiary, Janssen Pharmaceutical Inc.

In his filing, McDaniel said justices departed from at least 170 years of precedent by deciding the case on grounds not raised in any of the filings in the case. He also argued that the ruling does "significant harm" to the state and its citizens.