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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. On Monday the Justice Department filed a brief at the request of the Second Circuit Court of Appeals, stating that these settlements presumptively are anticompetitive violations of the Sherman Act.
On Monday BP and Anadarko finally decided to end the multibillion-dollar game of finger pointing that's been keeping the companies' lawyers busy since the Deepwater rig exploded last year.
The Blog at Legal Times reports on a qualified loss for tobacco companies in their appeal of the government's massive RICO case, United States v. Philip Morris. Reporter Mike Scarcella writes that the D.C. Court of Appeals upheld D.C. federal district court judge Gladys Kessler's landmark ruling and found Big Tobacco liable in a decades-long conspiracy to deceive consumers about the adverse health effects of smoking. The appeals court, however, rejected the government's request to seize billions of dollars in corporate profit.
The Point Man in Defense of U.S. Tactics in War on Terrorism
Sometimes it seems that Paul Clement, No. 2 in the SG office, is everywhere at once. In a three-week span last year, he appeared before the U.S. Supreme Court, Second Circuit U.S. Court of Appeals, and the Fourth Circuit. In addition, Clement has been tasked with shepherding high-stakes terrorism cases, including those of Padilla and Yaser Esam Hamdi. The sensitive assignment is testimony to his stature within the Bush administration.Candidates Who Passed The July 2009 NYS Bar Exam
Deutsche Bank and Citigroup agreed to pay up rather than join Goldman Sachs, Royal Bank of Scotland, and JPMorgan Chase on the list of banks sued by the National Credit Union Administration and its lawyers at Korein Tillery and Kellogg Huber.
In re Nazi Era Cases Against German Defendants Litigation, etc.
In these actions arising from the efforts of Holocaust victims to obtain payment from German corporations, where it was agreed that various plaintiffs would dismiss their suits in exchange for payments to be made through the creation of a foundation, and the United States and Germany signed an executive agreement reflecting their commitment to the foundation, the political-question doctrine precludes adjudication of whether sufficient and timely interest payments have been made to the foundation.Ashcroft Advisers Wield Unusual Influence
Since taking the reins of the Justice Department, Attorney General John Ashcroft has relied heavily on a cadre of close advisers to monitor the department's activities and to flag issues that need his consideration. Unlike other attorneys general who held daily or weekly meetings with the heads of DOJ units and agencies, Ashcroft only rarely sits down face to face with the department's senior management. As a result, the attorney general's immediate staff wields unusual influence over policy decisions.Trending Stories
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