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Wis. Supreme Court upholds damages in drug lawsuit
Legal News Feed | 2012/06/22 11:04
The Wisconsin Supreme Court on Friday upheld damages that were awarded in a lawsuit the state brought against a prescription drug company accused of inflating prices.

The lawsuit dates back to 2004 when then-Attorney General Peg Lautenschlager sued 36 drug companies alleging they inflated wholesale prices to get larger payments from Medicaid, private insurers and consumers.

The case against Pharmacia Inc. was the first to go to trial, and in 2009 a jury found that the drug maker violated the state's Medicaid fraud law 1.44 million times over a decade. After reviewing the evidence, the judge found the actual tally was 4,578 and ordered the company to pay $4.5 million in forfeitures and other costs. The jury also awarded $9 million in damages.

Pharmacia appealed, arguing that the jury incorrectly calculated the damages, that the number of violations should be reduced to zero, and that a jury trial was improper.


Miss Universe pageant fights back on rigging claim
Legal News Feed | 2012/06/08 11:28
The Miss Universe Organization says a former contestant should be made to pay for her "defamatory" claims that this year's Miss USA pageant was a sham.

The New York-based organization made a filing with a dispute resolution company over the former Miss Pennsylvania USA's assertion that another contestant spotted the list of finalists on a planning sheet hours before the event was even held Sunday, its lawyer Scott Balber said Friday.

A statement from the organization said it was seeking compensation for her "ongoing defamatory statements," but Balber wouldn't say how much money the Miss Universe Organization was seeking.

The pageant also released a statement from Miss Florida USA — the contestant Sheena Monnin claims saw the list — in which she disputes Miss Pennsylvania's version of the events that prompted her to step down.

Monnin gave up her crown Monday, claiming in a Facebook post that the pageant had been rigged, with the top five finishers selected before the show was broadcast Sunday night from Las Vegas. Pageant organizers immediately denied Monnin's allegation and claimed she had actually stepped down because she disagreed with the pageant's decision to allow transgender contestants.



Texas high court orders state to pay ex-inmate $2M
Legal News Feed | 2012/05/19 23:01
The Texas Supreme Court ordered the state Friday to pay about $2 million to an ex-inmate who spent 26 years in prison for murder before his conviction was overturned, a decision legal experts said could set a new standard for when ex-prisoners should be compensated.

Texas has paid nearly $50 million to former inmates who have been cleared. But state Comptroller Susan Combs had resisted paying Billy Frederick Allen, arguing that his conviction was overturned because he had ineffective lawyers, not because he had proven his innocence.

The state Supreme Court, in a unanimous opinion written by Justice Dale Wainwright, disagreed, saying the state's criminal courts had shown Allen had a legitimate innocence claim and he should be paid.

Jeff Blackburn, chief counsel of the Innocence Project of Texas, which works to free wrongfully convicted inmates, said Friday's ruling could open the door for more compensation claims from ex-prisoners.

"The floodgates are not opening, but what this will do is give a fair shake to people who are innocent," Blackburn said. "This is a major step forward in terms of opening up and broadening the law of exoneration in general."

Texas' compensation law is the most generous in the U.S., according to the national Innocence Project. Freed inmates who are declared innocent by a judge, prosecutors or a governor's pardon can collect $80,000 for every year of imprisonment, along with an annuity.



Securities Litigation Attorney - Robert L. Herskovits
Legal News Feed | 2012/02/01 09:38
New York a href=http://www.herskovitslaw.com/new-york/securities-litigation-and-arbitrationFINRA Arbitration amp; Securities Litigation Attorney/a

a href=http://www.herskovitslaw.com/professionalsRobert L. Herskovits/a

Robert concentrates his practice in the areas of securities litigation and regulatory enforcement matters. Robert routinely advises broker/dealers, industry professionals and investors in varied litigation, arbitration and regulatory matters relating to the securities industry. Robert is certified as an arbitrator for FINRA, AAA and the NFA and formerly served as in-house counsel for an NYSE-member broker/dealer.

Prior to forming Herskovits PLLC, Robert was a partner with Gusrae Kaplan Nusbaum PLLC for more than five years.

Robert received a JD from the Benjamin N. Cardozo School of Law and a BA from Syracuse University. Robert is admitted to practice in the State of New York and before various federal courts, including the U.S. District Court, Southern District of New York, U.S. District Court, Eastern District of New York, the U.S. Court of Appeals, 2nd Circuit, and the U.S. Supreme Court.

An active participant in the bar, Robert is the Co-Chair of the Committee for Securities and Exchanges of the New York County Lawyers' Association. Robert's accomplishments were recently recognized by Thomson Reuters' Super Lawyers, which designated Robert as a 2011 Rising Star in business litigation.

Practice Areas

•Securities Litigation and Arbitration
•Securities Industry Regulatory Defense
•Broker-Dealer Advisory Services
•Securities Industry Employment Litigation
•Commercial Litigation

Address

1065 Avenue of the Americas
27th Floor
New York, New York 10018

Contact:
Tel: (212) 897-5410
Fax: (646) 558-0239


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