
The Wall Street Journal - Friday, 25 October 1996
"We're evaluating the decision and will determine the appropriate next steps," Johnson & Johnson spokesman Jeff Leebaw said.
The decision, by Judge Wilfred Diana of New Jersey Superior Court, is the latest development in a dispute between Mr. Millenson and Johnson & Johnson over his firing in 1995. Mr. Millenson developed the home-test kit for the AIDS virus in the late 1980s when he headed his own company. He subsequently sold the company to Johnson & Johnson and became head of the unit that produces the kit. In early 1995, he was fired by Johnson & Johnson, which accused him of making political donations in defiance of company orders.
Mr. Millenson said he had been wrongly fired. In July, an arbitrator agreed with him and, citing provisions of Mr. Millenson's employment contract with Johnson & Johnson, ordered the company to turn over the test-kit business to him. Johnson & Johnson appealed the decision to the state court, saying the arbitrator, John Gibbons, had exceeded his authority. But Judge Diana ruled that Mr. Gibbons's decision was "plausible" and "reasonable." The test kit, which was approved by the Food and Drug Administration earlier this year, is called Confide.
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