News
Top Headlines
[07/23]
President Bush drops opposition to housing bill
[07/23]
Suspect in pregnant teen death had baby obsession
[07/22]
Flight with 7 congressmen makes emergency landing
[07/22]
"Spam king" walks away from prison
[07/22]
FEMA seeks immunity from suits over trailer fumes
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Civil Rights
[07/10]
AMA apologizes to black doctors for past racism
[07/23]
New Jersey to require organ donation decision
[07/22]
Transgender Ga. woman claims she was wrongly fired
[07/22]
ACLU challenges Ala. voter law barring felons
[07/22]
Texas county debates use of needle-exchanges
[07/18]
Many ills found at Chicago jail, nation's biggest
[07/17]
DC residents can start applying for gun permits
[07/16]
Judge rules Missouri executions constitutional
[07/16]
Mass. Senate votes to let out-of-state gays marry
[07/15]
Report says Calif. should end juvenile prisons
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Drugs and Biotech
[07/21]
Roche offers $43.7B for rest of Genentech
[07/21]
Merck and Schering delay 2Q reports to afternoon
[07/18]
Army to shoot live pigs for medical drill
[07/17]
Merck to fund Vioxx settlement in August
[07/17]
Novartis posts 17 percent rise in 2Q net income
[07/17]
Bill Clinton aims to stabilize malaria drug prices
[07/16]
Abbott profit beats Wall Street estimates for 2Q
[07/11]
New pharma ethics rules eliminate gifts and meals
[07/09]
US, Europe, Australia to expand drug inspections
[07/08]
Novartis closer to $38B Alcon takeover
More...
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Case Summaries
Family Law
[05/29]
In re Marriage of Gong
An appeal from an order to pay child support and related obligations is dismissed as frivolous and monetary sanctions are imposed on appellant who pursued every possible avenue to evade his support obligations, even when ordered to do so by the court, and prosecuted a meritless appeal solely for the purpose of taking advantage of the delay in discharging his payment obligations.
[05/29]
U.S. v. Dedman
In a prosecution arising from a marriage between defendant's adopted daughter/cousin and defendant's adoptive father as part of a plan to collect his military pension, her conviction for conspiracy to defraud the U.S. Department of Defense and making material false statements to a federal agent is affirmed where: 1) the government could not rely on its sham-marriage theory because the district court did not instruct the jury as to such argument; 2) the district court correctly decided that the marriage was void under Arkansas state law; 3) even if the Arkansas marriage statute were unconstitutional, it was not plain error for the district court to apply it; 4) sufficient evidence supported the convictions; 5) a jury instruction regarding Arkansas law was not plainly erroneous; and 6) withheld taxes are properly considered part of the government's loss under U.S.S.G. section 2B1.1.
[05/27]
San Joaquin County Dep't of Child Support Serv. v. Winn
In county's action seeking to establish defendant's paternity for purposes of obtaining an order that he pay child support and furnish health insurance for his children, defendant's appeal from an order granting a motion for genetic testing and providing that a proposed statement of decision would become the court's judgment if no one objected within 15 days, is dismissed where: 1) the mere "proposed statement of decision" did not make it a judgment from which an appeal could be taken; 2) the genetic testing order was not appealable as a collateral order; and 3) the underlying paternity action did not elevate to the level of importance warranting treating the appeal as a writ application.
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Drugs & Biotech
[07/22]
Chein v. Drug Enforcement Admin.
DEA's revocation of petitioner-physician's practitioner's registration and denial of his application for a registration to export Schedule III and Schedule IV substances are affirmed where petitioner failed to demonstrate that his revocation represents a "flagrant departure from DEA policy and practice" in analogous cases.
[05/27]
Weaver v. CCA Indus., Inc.
A ruling, which found that a policy issued by third-party insurer to its insured provided no coverage to third-party plaintiff and that the insurer had no obligation to defend and indemnify it, is vacated and remanded where: 1) third-party plaintiff qualified as an additional insured under the policy with respect to plaintiff's claim under the Louisiana Product Liability Act; 2) an exclusion for alternating and relabeling the product does not apply since it had no nexus to the harm alleged; and 3) another exclusion was inapplicable since the formula for a product is not an "ingredient" for purposes of making that product.
[05/14]
Aventis Pharma S.A. v. Amphastar Pharm., Inc.
In a patent case involving plaintiffs-Aventis' drug Lovenox, a drug effective in preventing blood clotting while minimizing the possibility of hemorrhaging, a ruling holding plaintiff's patents unenforceable due to inequitable conduct is affirmed where: 1) the district court did not err in determining that half-life comparisons were intended to show compositional differences to address the anticipation rejection; 2) the court did not abuse its discretion in excluding evidence that comparison of half-lives at different doses to demonstrate a difference in property was routine practice; and 3) there was sufficient evidence to showing an intent to deceive on the part of plaintiff's expert.
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Wills & Trusts
[06/30]
MICHAEL J. v. THE SUPERIOR COURT OF ORANGE COUNTY (ROGERS)
The conservator of the person and the estate of a mentally disabled person who is unable to communicate her wishes does not have the power to initiate and prosecute a petition for the dissolution of her marriage.
[03/12]
E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of the trust where, having extended revolving overdraft privileges to a produce dealer covered by PACA, the bank routinely applied deposited PACA funds to reduce the negative balance in the produce dealer's overdrawn account.
[03/12]
E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of the trust where, having extended revolving overdraft privileges to a produce dealer covered by PACA, the bank routinely applied deposited PACA funds to reduce the negative balance in the produce dealer's overdrawn account. (Amended opinion)
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