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Once-exonerated Conn. man ordered back to prison
Industry News | 2011/08/09 09:28
A month after the Connecticut Supreme Court reinstated murder convictions against two men who had been exonerated, a judge on Monday ordered one of them back to prison but allowed the other to remain free while fighting cancer.

George Gould was sent back to prison while Ronald Taylor, whose lawyer says he has terminal colon cancer, was allowed to remain out on bail. Both men await a new appeal trial connected to their murder convictions in the 1993 fatal shooting of New Haven grocery shop owner Eugenio Deleon Vega.

Gould and Taylor were both sentenced to 80 years in prison for the killing. They filed habeas corpus appeals, challenges to imprisonment that typically come after other appeals fail.

They were freed in April 2010 after 16 years behind bars when Superior Court Judge Stanley Fuger ruled they were victims of manifest injustice and declared them actually innocent. Fuger's ruling came after a key prosecution witness recanted her trial testimony. He ordered both men released.

Prosecutors appealed to the state Supreme Court, which issued a unanimous decision last month saying that Fuger was wrong to overturn the convictions because Gould and Taylor hadn't proven their innocence. The high court ordered a new habeas corpus trial for the two men.


Court rules firing of NJ casino dealer unlawful
Industry News | 2011/08/09 09:27
A federal appeals court has sided with an Atlantic City casino dealer who says he was targeted because he was involved in union organizing.

Bally's Park Place fired Jose Justiniano in 2007. The casino claimed he misused family medical leave time by attending a pro-union rally on a day he took time off to care for his daughter.

Justiniano had been active in casino unionizing efforts.

A judge upheld the firing, but the National Labor Relations Board disagreed and said it was unlawful.

Friday's ruling by the U.S. Court of Appeals in Washington, D.C., agreed with the NLRB. It noted that Justiniano attended the rally for 20 minutes. It also said Bally's policy on family leave didn't justify the firing.

A message was left seeking comment from an attorney representing Bally's.


Pozen says Texas court upholds Treximet patents
Industry News | 2011/08/08 08:27
Drug developer Pozen Inc. said Monday that a Texas court upheld three patents supporting its migraine drug Treximet.

Pozen said the U.S. District Court for the Eastern District of Texas ruled that the patents were valid. The court also found that generic versions of Treximet developed by Par Pharmaceutical Co. and Dr. Reddy's Laboratories Ltd. infringed on all three patents, while a version developed by Alphapharm Pty Ltd. infringed on two patents. Teva Pharmaceutical Industries Ltd. had also challenged the patents, but was dismissed from Pozen's lawsuit in April 2010 after it agreed to abide by the court's decision.

The court said the Food and Drug Administration cannot approve the generics made by Dr. Reddy's and Par until Feb. 2, 2025, and that the agency can't approve the Alphapharm generic until Aug. 14, 2017.

Treximet is a combination of GlaxoSmithKline PLC's drug Imitrex and an anti-inflammatory drug developed by Pozen. GlaxoSmithKline markets the drug and pays royalties to Pozen. In the second quarter, those royalty payments accounted for $4 million of Pozen's $4.6 million in total revenue.

The FDA approved Treximet in April 2008 after years of delays, and Par filed for approval of its generic in October of that year.


Lawyer pleads guilty to $47 million Ponzi scheme
Industry News | 2011/08/05 09:14
An Arkansas lawyer and businessman admitted today to staging a Ponzi scheme that netted more than $47 million, a scam that a prosecutor called the largest case of fraud in state history.

Kevin Lewis, 43, pleaded guilty today to one count of bank fraud in federal district court in Little Rock. He could face up to 30 years in prison, though U.S. Attorney Christopher Thyer said Lewis would likely receive between 10 to 13 years.

He will also have to pay restitution of almost $40 million, though that number could go down further as banks work to recover their losses.

Lewis acknowledged that he issued paperwork for fake rural improvement bonds often used by developers to defraud several Arkansas banks starting with a small bond in 1997.

That money went to maintain his business interests across the state, which range from a law firm to a clothing company. He used the money to make the payments on past fake bonds and support a personal lifestyle that included a house valued at more than $1 million, fancy cars and vacations, Thyer said.

Meanwhile, the bank that bought almost $23 million of the fake bonds, First Southern Bank in Batesville, was placed into receivership by authorities, Thyer said. Lewis had purchased majority ownership of First Southern, using a loan from another Arkansas bank that was backed by the fake bonds.


Jury deliberates in post-Katrina shootings trial
Industry News | 2011/08/03 08:46
Jurors have begun deliberating the fate of five current or former police officers charged in deadly shootings on a New Orleans bridge after Hurricane Katrina.

Jurors began their deliberations Wednesday after U.S. District Judge Kurt Engelhardt gave them instructions.

The jury heard several hours of closing arguments Tuesday after five weeks of testimony by roughly 60 witnesses.

Police shot and killed two people and wounded four others on the Danziger Bridge less than a week after the 2005 storm. Officers are also accused of engaging in a cover-up.

Prosecutors say Katrina's chaotic aftermath offers no justification for police to shoot unarmed people who posed no threat.

Defense attorneys urged jurors to weigh the conditions after the storm in judging whether the officers acted reasonably.


Oklahoma Supreme Court sets hearing in bribery case
Industry News | 2011/08/01 09:04
The Oklahoma Supreme Court has agreed to hear a former state senator's request to dismiss a bribery charge against her and scheduled oral arguments for September.

Former Sen. Debbe Leftwich, D-Oklahoma City, faces bribery charges along with Rep. Randy Terrill, R-Moore. Prosecutors say Terrill offered Leftwich an $80,000-a-year job at the state Medical Examiner's Office in exchange for Leftwich not running for re-election and clearing the way for Republican Rep. Mike Christian of Oklahoma City to run. Christian has not been charged a crime and is expected to be a witness.

Leftwich's attorney, Robert McCampbell, filed a motion to dismiss the charge that maintains Leftwich is exempt from prosecution for alleged wrongdoing in the performance of her professional duties under the speech and debate clause of the Oklahoma Constitution.

The court scheduled oral arguments from her defense, Oklahoma County District Attorney David Prater and attorneys for the Oklahoma Senate for Sept. 13, according to an entry posted Thursday on the Supreme Court's website. The entry also says Leftwich's case is on hold until the court makes a decision.

The Senate's attorneys also will have a chance to express lawmakers' concerns about language in a recent Court of Criminal Appeals decision denying Leftwich's motion to dismiss, the entry said.


Sparks Justice Court to be open four days a week
Industry News | 2011/07/25 08:28
Sparks Justice Court is planning to go to four-day work weeks because of budget cuts.

Justice of the Peace Kevin Higgins says court staff will work from 7:30 a.m. to 5 p.m. Tuesdays through Fridays, and take only a half-hour lunch. Public access will be 8-5 on those days.

He says the court like other agencies is under a mandate to cuts wages and benefits by 7 percent, and the compact work week was the only option allowing the court to continue services without losing more staff.

He says judges will still be available for emergency matters, such as processing search warrants and protective orders.

The change needs confirmation from the Washoe County Commission, but is expected to take effect Aug. 15 and last the rest of the fiscal year.


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