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September 10, 2010 |

2nd Circuit Declines En Banc Review of Drug 'Pay-to-Delay' Ruling

The 2nd Circuit has refused to reconsider en banc its holding that antitrust laws are not violated when drug patent holders pay manufacturers of generic alternatives to keep competing products off the market. The active members of the circuit issued a brief ruling Tuesday saying they had voted to deny rehearing en banc a case in which a three-judge panel in April affirmed summary judgment for Bayer AG on a Sherman Act challenge concerning a so-called "pay-for-delay" agreement involving the antibiotic drug Cipro.
5 minute read
In the Matters of Geraldine A., Respondents, D-16725/09
Publication Date: 2010-11-30
Practice Area: Juvenile Law
Industry:
Court: Family Court, Queens County
Judge: Judge John M. Hunt
Attorneys:
For plaintiff:
For defendant:
Case number: D-16725/09

Cite as: Matters of Geraldine A., D-16725/09, NYLJ 1202475438937, at *1 (Fam., QU, Decided November 23, 2010)Judge John M. HuntDecided: N

October 23, 2008 |

Potential Securities Fraud: 'Storm Warnings' Clarified

Andrew J. Entwistle, a founding partner of Entwistle & Cappucci, and Richard W. Gonnello, a partner at the firm, write that earlier this month, a split panel of the U.S. Court of Appeals for the Third Circuit reversed a lower court's decision to dismiss a securities class action filed against Merck & Co. on the grounds that it was time-barred. In holding that the shareholders' claims were timely filed, the court clarified a significant ambiguity in its inquiry-notice jurisprudence, i.e., whether a shareholder's duty to investigate potential fraud is triggered by evidence of possible or probable wrongdoing. While the Court held that evidence of possible wrongdoing suffices, the opinion makes clear that something more than a theoretical possibility is required.
11 minute read
Law Journal Press | Digital Book Health Care Benefits Law Authors: Jeffrey D. Mamorsky View this Book

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May 24, 2004 |

VERDICTS & SETTLEMENTS

Summaries of verdicts and settlements as reported in The National Law Journal.
5 minute read
May 31, 2007 |

King & Spalding Left Out of Longtime Client Coke's $4.1 Billion Deal

Industry observers have viewed Coca-Cola's purchase of Energy Brands and the Glaceau brand as Coke's embrace of the new world of vitamin-enhanced beverages. Coke may also be forging a new world among its transaction lawyers, as it tapped Skadden, Arps, Slate, Meagher & Flom instead of King & Spalding for the $4.1 billion cash deal. It's been called the biggest corporate acquisition in Coke's history, and the absence of King & Spalding is noticeable.
4 minute read
July 08, 2009 |

Justice Department Takes Stand Against 'Pay to Delay' Drug Deals

The practice is dubbed "pay to delay," or "reverse settlement." It happens when a brand-name drug company gives a generic challenger a lot of money, and the generic company agrees to keep its product off the market for a set number of years. These settlements are controversial but have been perfectly legal. Several federal appellate circuits have blessed the practice, and the DOJ under President Bush also supported it. But now, the Justice Department under President Obama is switching sides.
3 minute read
December 03, 2012 |

Class Action Filed Against Maker Of Generic Anticholesterol Drug

A putative class action has been lodged in New Jersey against the Princeton-based maker of the cholesterol-reducing drug Atorvastatin, which was found to be tainted with glass particles.
4 minute read

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