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Makers of Paxil, Zoloft Win
Court News |
2008/04/25 07:48
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pIn a significant victory for drug manufacturers, the 3rd U.S. Circuit Court of Appeals has ruled that the makers of Paxil and Zoloft cannot be sued for failing to warn of a risk of suicide because the Food amp; Drug Administration has explicitly refused to order such warnings.
Voting 2-1 in a pair of cases where the lower courts issued conflicting rulings, the 3rd Circuit found that such lawsuits must be pre-empted because they directly conflict with action already taken by the FDA. /ppWriting for the majority, 3rd Circuit Judge Dolores K. Sloviter said the FDA has actively monitored the possible risk of suicide from taking the class of antidepressant drugs known as selective serotonin re-uptake inhibitors, or SSRIs, for two decades, and concluded that the suicide warnings demanded by plaintiffs are without scientific basis and would therefore be false and misleading. /ppBut Sloviter, who was joined by visiting Judge Jane A. Restani of the U.S. Court of International Trade, emphasized that the ruling was a narrow one. /ppOur holding is limited to circumstances in which the FDA has publicly rejected the need for a warning that plaintiffs argue state law requires, Sloviter wrote in Colacicco v. Apotex Inc. /ppIn dissent, 3rd Circuit Judge Thomas L. Ambro said he would have allowed both cases to go forward. /p |
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Paper Wins Dismissal Of Libel Suit
Court News |
2008/04/21 07:35
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nbsp; nbsp;nbsp; A circuit judge has dismissed with prejudice a defamation lawsuit against the Madison County Record. Amiel Cueto, whose brother, Lloyd Cueto, was running for judge in St. Clair County, claimed the Record defamed Amiel by reporting that Amiel was a power broker who controlled judges in the county.
nbsp; nbsp; G. Michael Prall, of the 11th Circuit in Bloomington, was assigned the case after the Illinois Supreme Court granted the Record's request that the case be removed from the 20th circuit, where it was filed.
nbsp; nbsp; Amiel Cueto, who served six years in prison for obstruction of justice, claimed the Record defamed him by calling him a power broker and stating that he owned 15 of 17 St. Clair County judges in the mid-1990s.
nbsp; nbsp; The Record sought dismissal, based on the alleged truth of the statements.
nbsp; nbsp; Judge Prall stated in his 5-page decision that while the article did not use the words power broker as a flattering term, it did not suggest criminal activity.
nbsp; nbsp; As to Cueto's controlling St. Clair judges in the 1990s, Prall wrote, There is no question that witnesses made statements in official court proceedings to the effect that the plaintiff controlled judges in the mid 1990s. Plaintiff's contention that these statements were untrue would not affect the right of the defendant to report these statements. |
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Court Won't Hear Young Killer's Appeal
Court News |
2008/04/16 08:07
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The Supreme Court has refused to review a 30-year prison sentence for a teen who was 12 when he killed his grandparents in South Carolina.
Lawyers for Christopher Pittman wanted the justices to examine whether the long prison term for a child violates the Constitution's ban on cruel and unusual punishment. With no possibility of parole, he will be 42 before he is released, they said.
Pittman is the only inmate serving such a lengthy sentence for a crime committed at such a young age, his lawyers said. The judge who sentenced him was prohibited by law from taking his age into account.
South Carolina contended the punishment is proportionate to the crime and said there is a national trend of increased punishment for young violent criminals. |
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9th Circuit Declines Serial ADA Plaintiff's Appeal
Court News |
2008/04/08 07:29
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div class=storydiv id=C1R1_Headlineh5font face=arial,helvetica,sans-serifThe 9th Circuit refused to reconsider wheelchair-bound activist Jarek Molski's challenge to an order requiring Molski and his attorneys at the Frankovich Group to obtain special permission before filing any new lawsuits in the U.S. District Court for the Central District of California.
nbsp; nbsp; U.S. District Judge Edward Rafeedie labeled Molski a vexatious litigant after he crusaded across the state, filing discrimination claims against businesses that failed to properly accommodate disabled patrons. His lawsuits sought large damages and usually settled quickly.
nbsp; nbsp; A three-judge panel affirmed the orders against Molski and his preferred law firm in a decision the full 9th Circuit declined to reconsider. But eight judges signed Judge Berzon's dissenting opinion, in which he called for less Draconian sanctions that do not infringe the fundamental right to access the courts. /font/h5/div/div |
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