The plaintiffs in Philadelphia’s Risperdal mass tort are belatedly changing their legal argument in an effort to sway a judge to reconsider his ruling denying the plaintiffs a chance at punitive damages, Risperdal maker Janssen Pharmaceuticals argued in a court filing this week.
“After strenuously (and repeatedly) arguing that Pennsylvania law should govern the issue of punitive damages (based on the strategic decision that Pennsylvania does not have a statutory cap on punitive damages), plaintiffs now maintain that the court should determine the availability of punitive damages on a ‘case-by-case basis,’” Janssen said in its opposition to the plaintiffs’ motion for reconsideration.
