Legal Business 2018/04/17 17:07
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.
Legal Business 2018/04/04 21:34
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.

Legal Business 2018/03/10 23:03
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.

Legal Business 2018/03/10 23:02
A former Trump campaign aide appeared for hours before a federal grand jury Friday, after he defiantly insisted in a series of news interviews just days earlier that he intended to defy a subpoena in special counsel Robert Mueller's Russia investigation.
Sam Nunberg spent more than six hours inside the federal courthouse in Washington. He declined to speak with journalists on the way in or out of the building, and it was not immediately clear what testimony he offered to the grand jury or what documents he provided.
His appearance marked a turnabout from extraordinary public statements Monday when Nunberg, in multiple interviews, balked at complying with a subpoena that sought his appearance before the grand jury as well as correspondence with other campaign officials. In doing so, he became the first witness in the Mueller probe to openly threaten to defy a subpoena.
Nunberg said he worked for hours to produce the thousands of emails and other communications requested by Mueller, who is investigating whether Donald Trump's campaign improperly coordinated with Russia during the 2016 presidential election.
Trump has denied any wrongdoing. His lawyers are currently negotiating the terms and scope of a possible interview with Mueller's office.

Legal Business 2018/02/15 12:27
A legal battle between France and Equatorial Guinea over the corruption prosecution of the African nation's vice president is back before the International Court of Justice, months after a Paris court convicted the vice president.
French lawyers said Monday that the Hague-based world court, the highest judicial U.N. organ, has no jurisdiction to rule in a 2016 case filed by Equatorial Guinea, which argues that Teodoro Nguema Obiang Mangue has immunity from prosecution because he's vice president.
The court in 2016 refused to order a halt to the Paris case against Obiang Mangue and he was subsequently convicted and handed a suspended three-year prison sentence for embezzling millions in public money, which he spent on cars, designer clothes, art and high-end real estate. Obiang Mangue and French prosecutors have appealed.
Legal Business 2018/02/13 12:28
The American prosecutor working to bring to justice former members of the Kosovo Liberation Army accused of crimes against ethnic Serbs in Kosovo's war for independence is stepping down at the end of next month.
Specialist Prosecutor David Schwendiman issued a statement Thursday, saying he will leave the post at the end of March because his three-year term as a U.S. State Department foreign service officer is coming to an end and cannot be extended. -
Schwendiman says he issued the statement to make clear he was not resigning or being fired from his post.
His investigations aim to indict suspects who would then be put on trial at the Hague-based court known as the Kosovo Specialist Chambers. Schwendiman has not yet issued any indictments.