Categorized | Legal News

Another Win for Johnson & Johnson in Appellate Court

Whatever you think of their products, there’s no denying – J&J always wins in appellate cases.

Fernando A. Portes hired two lawyers – Herbert Tan and Eldridge Hawkins – to represent him in a discrimination lawsuit against Johnson & Johnson. He lost that lawsuit. So Mr. Portes tried again; this time, he sued his former lawyers for legal malpractice, claiming that they disregarded important information about 26 of the 29 positions he applied for (and was denied). He lost this case too. Then Mr. Portes appealed… and like mighty Casey, he struck out there as well.

Proving legal malpractice can be exceedingly difficult, and perhaps Misters Tan and Hawkins did the very best they could. What is interesting, however, is that Mr. Portes applied for 29 positions within the company and was denied placement in all of them. (In fact, he may very well have applied for more.) In 2013, a former J&J exec filed a lawsuit claiming that the company doesn’t hire people of color for top positions. While Johnson & Johnson vehemently denies such practices, it is worth noting that the exec is the former V.P. of Human Resources.

The moral of the story? J&J is like the Teflon of the Big Pharma world; no matter what you throw at them, it rarely ever sticks.

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