Stanley McDonald Norman R. Hagfors, and Clayton Jensen v. Johnson & Johnson

HEANEY, Circuit Judge,

concurring and dissenting.

I concur in the modification of the Court’s earlier decision insofar as it sustains the jury verdict for breach of contract. I adhere to my previous opinions that the case should be remanded to permit the jury to determine the plaintiffs’ claim under Section 1 of the Sherman Act using a rule of reason test, and that the fraud and punitive damages award should be affirmed.