Modification: People v. Johnson & Johnson

THE PEOPLE,

Plaintiff and Respondent,

v.

JOHNSON & JOHNSON et al.,

Defendants and Appellants.

No. D077945

(Super. Ct. No. 37-2016- 00017229-CU-MC-CTL)

California Court of Appeal

Fourth Appellate District

Division One

Filed April 27, 2022

ORDER MODIFYING OPINION AND DENYING REHEARING

NO CHANGE IN JUDGMENT

THE COURT:

It is ordered that the opinion filed herein on April 11, 2022, be modified as follows:

On page 30, after the second sentence ending "Ethicon has waived its claim of error," add as footnote 10 the following footnote, which will require renumbering of all subsequent footnotes:

¹⁰ Ethicon filed a petition for rehearing challenging our determination that it waived its claim of error concerning the trial court's alleged failure to apply the correct legal standard for omissions-based claims. We reject Ethicon's argument. Ethicon's merits briefs purport to discuss the circumstances under which an omissions-based claim may be raised, but they do not set forth the proper legal standard a court must employ when assessing such a claim. Thus, Ethicon's argument is waived. Even if Ethicon had preserved its argument, our disposition of the case would remain the same because, as we will soon discuss, the argument fails on the merits.

There is no change in the judgment.

Appellant's petition for rehearing is denied.

McCONNELL, P. J.

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