Acting as the representative of the former Auris shareholders, Fortis Advisors sued last year after the medtech giant released reserves related to the additional $2.35 billion in milestone payments that were part of the agreement.
J&J, its Ethicon subsidiary and top corporate officers violated the merger agreement and made false promises during negotiations, according to the lawsuit.
Vice Chancellor Lori W. Will in Delaware, in a December 13 order, allowed more than half of Fortis Advisors counts against J&J to proceed, though she dismissed claims against individual J&J executives on jurisdictional grounds.
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