Selendy Gay Secures Denial of Johnson & Johnson’s Motion to Dismiss in Contract Dispute

August 7, 2026

Selendy Gay Secures Denial of Johnson & Johnson’s Motion to Dismiss in Contract Dispute

Selendy Gay secured a victory for Bayer in its contractual dispute against Johnson & Johnson over Johnson & Johnson’s promotion of the blood thinner Xarelto in the U.S. On August 4, Judge Dale E. Ho of the U.S. District Court for the Southern District of New York denied Johnson & Johnson’s motion to dismiss in its entirety, concluding that the lost royalties Bayer seeks constitute general damages and that the parties’ agreement does not plainly preclude their recovery.

The Selendy Gay team includes partners Oscar Shine and Meredith Nelson and associate Kevin Cryan.