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Court declines to block drug ruling in patent case
Legal Focuses | 2014/04/21 13:29

Supreme Court Chief Justice John Roberts on Friday declined to temporarily block a lower court ruling that opens the world's best-selling multiple sclerosis drug to competition from generic rivals next month.

The decision is a victory for rivals challenging the patents of Israel-based Teva Pharmaceutical Industries Ltd., maker of the drug Copaxone.

Teva claims the U.S. Court of Appeals for the Federal Circuit wrongly overturned five of its patents for the drug. That ruling allows rivals Mylan Inc., Momenta Pharmaceuticals Inc. and Sandoz, Inc., to start selling cheaper generic versions in May instead of September 2015.

The Supreme Court has agreed to consider the case, but arguments won't take place until its new term begins in October and it could be next year before a decision is reached. Teva said it would suffer irreparable harm if the appeals court decision was not postponed. Copaxone brought the company $3.2 billion in U.S. sales last year.

In a one-page ruling, Roberts said he was not convinced Teva would suffer such harm. If Teva ultimately prevails in the case, Roberts said, the company would be able to recover damages from the generic rivals for past patent infringement. He acknowledged that Teva has "a fair prospect" of ultimately winning the case at the high court.

Roberts oversees emergency appeals from the U.S. Court of Appeals for the Federal Circuit, which hears appeals in patent cases.


Court rules for environmentalists in water fight
Legal Focuses | 2014/04/17 13:56
An appeals court said Wednesday that federal officials should have consulted wildlife agencies about potential harm to a tiny, threatened fish before issuing contracts for water from the Sacramento-San Joaquin Delta.

An 11-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the U.S. Bureau of Reclamation violated the Endangered Species Act when it failed to consult with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service in renewing 41 contracts a decade ago. The appeals court sent the case back to a trial judge for further proceedings.

The ruling arises from one of several lawsuits filed by the Natural Resources Defense Council and other environmentalists seeking to protect the Delta smelt. The ruling won't affect water flows because protections for the smelt were kept in place during the lawsuit.

"This about how we are going to manage the water in the future," said Douglas Obegi, a lawyer with the Natural Resources Defense Council.

Water-rights holders and government lawyers argued that consultation wasn't necessary because the U.S. Bureau of Reclamation was required to renew the contracts and had no discretion over terms of the agreement that would control water levels in the Delta.


Oklahoma gay-marriage case before US appeals court
Legal Focuses | 2014/04/17 13:55
Court arguments over Oklahoma's ban on same-sex marriage will center on whether voters singled out gay people for unfair treatment when they overwhelmingly defined marriage as a union between one man and one woman.

Judges at a federal appeals court in Denver will hear arguments Thursday from lawyers representing a couple challenging Oklahoma's ban and the Tulsa County clerk who refused to grant them a license. The judges heard a similar case from Utah last week.

Oklahoma voters approved the ban in 2004 by a 3-1 margin. The Tulsa couple tried to obtain a marriage license shortly afterward.

A federal judge overturned the ban in January, saying it violated the equal-protection clause of the U.S. Constitution. Lawyers for the state say voters have a right to set their own laws.


SC Supreme Court hears appeal in fatal dog attack
Court Watch | 2014/04/15 13:34
Prosecutors want South Carolina's highest court to reinstate the conviction of a Dillon County man whose dogs attacked and killed a 10-year-old boy in 2006.

The state Supreme Court on Tuesday hears an appeal in the case of Bentley Collins. In 2012, the state Court of Appeals overturned Collins' involuntary manslaughter conviction and prison sentence, ruling a judge shouldn't have allowed prosecutors to show pictures of the boy taken before his autopsy.

The photographs showed the extent of the boy's injuries, including how the dogs mauled him so badly his bones were exposed and his ears and nose were eaten.

The judges said the pathologist testified to the injuries, so the photographs did nothing more than rile the jury's emotions.


Court Rejects Holocaust-Denying Bishop's Appeal
Legal Focuses | 2014/04/15 13:33
A German court has rejected an ultraconservative British bishop's appeal against his conviction and fine for denying the Holocaust in a television interview.

The state court in Nuremberg said Friday it found no legal errors in a January 2013 decision by judges in nearby Regensburg to convict Richard Williamson of incitement and fine him 1,800 euros ($2,500).

It was Williamson's second appeal against the ruling and follows a lengthy legal saga — an earlier conviction was overturned on procedural grounds.

Williamson told a Swedish TV station in during a 2008 interview conducted near Regensburg that he didn't believe Jews were killed in gas chambers during World War II. Holocaust denial is a crime in Germany.

A traditionalist breakaway Catholic group, the Society of St. Pius X, expelled Williamson in 2012.


Salvatore Scanio Attorney – Ludwig & Robinson PLLC.
Lawyer News | 2014/04/12 15:43

Salvatore Scanio, Attorney

Mr. Scanio has extensive experience in complex domestic and international litigation and regulatory matters, involving federal and state banking, financial transactions, insurance coverage, and contract and other commercial disputes.

Mr. Scanio represents banks, insurers and other companies in cases involving negotiable instruments under the Uniform Commercial Code (UCC), electronic bank payments, fraud, fiduciary duty, accounting, lender liability, loan losses, lost profits, statutory and regulatory violations, professional liability, class actions, and claims against the federal government. He advises clients as to liability, defenses and loss recovery on a wide range of bank fraud and corporate fraud schemes, including check fraud, credit and debit card fraud, unauthorized electronic funds transfers (EFT) including fraudulent wire transfers and ACH transactions, identity theft, check kiting, deposit account fraud, malware attacks, cybercrime, account takeovers, loan and mortgage fraud, embezzlement, and bank insider fraud.




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