Court to consider fraud investigator in NFL concussion case

Legal Business 2018/05/18 11:17   Bookmark and Share
A federal judge in Philadelphia is scheduled to hear arguments in the NFL's request for a special investigator to look into what the league says are fraudulent claims in a $1 billion concussion settlement.

The league last month cited an independent study it said found that more than 400 claims had been recommended for denial based on evidence of fraud by attorneys, doctors and former players.

Plaintiffs' lawyers contend the league is not awarding settlement funds fast enough. So far, $227 million in claims have been awarded.

The league says attempts to scam the system are responsible for delays. The NFL has asked that the investigator be granted subpoena power.

League officials say a special investigator would help ensure the integrity of the settlement. Arguments are scheduled for Wednesday.
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Supreme Court limits warrantless vehicle searches near homes

Legal Business 2018/05/15 11:19   Bookmark and Share
The Supreme Court is putting limits on the ability of police to search vehicles when they do not have a search warrant.

The court sided 8-1 Tuesday with a Virginia man who complained that police walked onto his driveway and pulled back a tarp covering his motorcycle, which turned out to be stolen. They acted without a warrant, relying on a line of Supreme Court cases generally allowing police to search a vehicle without a warrant.

The justices said the automobile exception does not apply when searching vehicles parked adjacent to a home.

The court ruled in the case of Ryan Collins, who was arrested at the home of his girlfriend in Charlottesville, Virginia. Collins had twice eluded police in high-speed chases in which he rode an orange and black motorcycle.

The authorities used Collins' Facebook page to eventually track the motorcycle to his girlfriend's home.

Collins argued that police improperly entered private property uninvited and without a warrant.

Virginia's Supreme Court said the case involved what the Supreme Court has called the "automobile exception," which generally allows police to search a vehicle without a warrant if they believe the vehicle contains contraband.

Justice Sonia Sotomayor said for the court Tuesday that the state court was wrong. Sotomayor said that constitutional protections for a person's home and the area surrounding it, the curtilage, outweigh the police interest in conducting a vehicle search without a warrant.
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Trump's personal attorney has dropped a pair of libel suits

Legal Business 2018/04/18 17:06   Bookmark and Share
President Donald Trump's personal attorney dropped a pair of libel lawsuits against BuzzFeed and investigation firm Fusion GPS amid the stir caused by an FBI search of the lawyer's files.

Michael Cohen had sued in New York City over publication of the unverified dossier detailing alleged ties between Trump and Russia. He dropped the suits late Wednesday amid a separate legal battle over the seizure of documents and electronic files from his home, office and hotel room last week in a federal investigation of possible financial fraud.

The dossier claims that Cohen met with Russian operatives in Europe for a meeting to "clean up the mess" over disclosures of other Trump associates' reported ties to Russia.

Cohen's attorney, David Schwartz, said Thursday the decision to abandon the suits was difficult.

"We believe the defendants defamed my client, and vindicating Mr. Cohen's rights was - and still remains - important," he said in a statement. "But given the events that have unfolded, and the time, attention and resources needed to prosecute these matters, we have dismissed the matters, despite their merits."

In a statement, BuzzFeed called the suit against it meritless.

"Today's news suggests that Donald Trump's personal lawyer no longer thinks an attack on the free press is worth his time," it said.

Fusion GPS said in a statement that it welcomed Cohen's decision.

"With his decision, it appears that Mr. Cohen can now focus on his many other legal travails," it said.

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Greek court limits travel for Turkish officer seeking asylum

Legal Business 2018/04/17 17:07   Bookmark and Share
Greece's highest court has imposed severe restrictions on the movements of one of eight Turkish servicemen who have applied for asylum in Greece after fleeing Turkey following a failed 2016 coup there, while he waits for a decision on his asylum application.

The Council of State ruled that the officer will remain at an undisclosed address, must appear daily at a local police station and cannot obtain travel documents until his asylum application is determined in May.

Courts had initially granted him asylum, but suspended the decision following a Greek government appeal.

The eight helicopter crewmen, who deny involvement in the attempted putsch, have become a bone of contention in increasingly souring Greek-Turkish relations. Turkey demands they be returned as coup plotters, but Greek courts have rejected the extradition requests.
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Drug companies want Supreme Court to take eye drop dispute

Legal Business 2018/04/04 21:34   Bookmark and Share
Eye drop users everywhere have had it happen. Tilt your head back, drip a drop in your eye and part of that drop always seems to dribble down your cheek.

But what most people see as an annoyance, some prescription drop users say is grounds for a lawsuit. Drug companies' bottles dispense drops that are too large, leaving wasted medication running down their faces, they say.

Don't roll your eyes. Major players in Americans' medicine cabinets — including Allergan, Bausch & Lomb, Merck and Pfizer — are asking the Supreme Court to get involved in the case.

On the other side are patients using the companies' drops to treat glaucoma and other eye conditions. Wasted medication affects their wallets, they say. They argue they would pay less for their treatment if their bottles of medication were designed to drip smaller drops. That would mean they could squeeze more doses out of every bottle. And they say companies could redesign the droppers on their bottles but have chosen not to.

The companies, for their part, have said the patients shouldn't be able to sue in federal court because their argument they would have paid less for treatment is based on a bottle that doesn't exist and speculation about how it would affect their costs if it did. They point out that the size of their drops was approved by the Food and Drug Administration and redesigned bottles would require FDA approval. The cost of changes could be passed on to patients, possibly resulting in treatment that costs more, they say.

Courts haven't seen eye to eye on whether patients should be able to sue. That's why the drugmakers are asking the Supreme Court to step in. A federal appeals court in Chicago threw out one lawsuit over drop size. But a federal appeals court in Philadelphia let the similar case now before the Supreme Court go forward. That kind of disagreement tends to get the Supreme Court's attention.

And if a drop-size lawsuit can go forward, so too could other packaging design lawsuits, like one by "toothpaste users whose tubes of toothpaste did not allow every bit of toothpaste to be used," wrote Kannon Shanmugam, a frequent advocate before the Supreme Court who is representing the drug companies in asking the high court to take the case.
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Martin Shkreli cries in court, is sentenced to 7 years for securities fraud

Legal Business 2018/03/10 23:03   Bookmark and Share
The smirk wiped from his face, a crying Martin Shkreli was sentenced to seven years in prison for securities fraud Friday in a hard fall for the pharmaceutical-industry bad boy vilified for jacking up the price of a lifesaving drug.

Shkreli, the boyish-looking, 34-year-old entrepreneur dubbed the "Pharma Bro" for his loutish behavior, was handed his punishment after a hearing in which he and his attorney struggled with limited success to make him a sympathetic figure

The defendant hung his head and choked up as he admitted to many mistakes and apologized to the investors he was convicted of defrauding. At one point, a clerk handed him a box of tissues.

"I want the people who came here today to support me to understand one thing: The only person to blame for me being here today is me," he said. "There is no conspiracy to take down Martin Shkreli. I took down Martin Shkreli."

In the end, U.S. District Judge Kiyo Matsumoto gave him a sentence that fell well short of the 15 years prosecutors wanted but was a lot longer than the 18 months his lawyer asked for. He was also fined $75,000.

He was found guilty in August of lying to investors in two failed hedged funds and cheating them out of millions. The case was unrelated to the 2015 furor in which he was accused of price-gouging, but his arrest was seen as rough justice by the many enemies he made with his smug and abrasive behavior online and off.

The judge insisted that the punishment was not about Shkreli's online antics or his raising the cost of the drug. "This case is not about Mr. Shkreli's self-cultivated public persona ... nor his controversial statements about politics or culture," Matsumoto said.

But she did say his conduct after the verdict made her doubt the sincerity of his remorse. She cited his bragging after the verdict that he would be sentenced to time served. And she quoted one piece of correspondence in which he wrote: "F--- the feds."

The judge ruled earlier that Shkreli would have to forfeit more than $7.3 million in a brokerage account and personal assets, including a one-of-a-kind Wu-Tang Clan album that he boasted of buying for $2 million.

Defense attorney Benjamin Brafman described Shkreli as a misunderstood eccentric who used unconventional means to make his defrauded investors even wealthier. He told the court that he sometimes wants to hug Shkreli and sometimes wants to punch him , but that his outspokenness shouldn't be held against him.
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