Smith v. Johnson & Johnson, Nos. 09-1223 and 09-1292; Third Circuit; opinion by Greenberg, U.S.C.J.; decided February 2, 2010. Before Judges Sloviter, Jordan and Greenberg. On appeal from the District of New Jersey. [Sat below: Judge Linares.] DDS No. 25-8-6774 [13 pp.]
McNeill Pediatrics, a wholly owned subsidiary of Johnson & Johnson, employed Patty Lee Smith as a senior professional sales representative. Her position required her to travel to various doctors’ offices and hospitals to extoll the benefit of J&J’s pharmaceutical drug Concerta to the prescribing doctors. J&J gave Smith a list of target doctors and told her to complete an average of 10 visits per day, visiting each target doctor at least quarterly. It left the itinerary and order of Smith’s visits to her discretion. It gave her a budget for these visits and she could use the money to take the doctors to lunch or to sponsor seminars. She was required to plan and prioritize her responsibilities to maximize business results.
