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Retrial Scheduled to Begin in Decade-Old Murder Case
Court Watch | 2007/04/26 00:03

Opening statements are scheduled today in the retrial of an Iowa man who became the youngest person on death row in Illinois when he was found guilty of a double-murder in 1996.
Daniel Ramsey of Keokuk, Iowa, was 19 when he was convicted of fatally shooting two Hancock County girls as well as wounding his ex-girlfriend and two toddlers.

His former girlfriend -- 17-year-old Rachel Sloop -- testified in the trial about watching her sister die of gunshot wounds and laying wounded as Ramsey dripped blood on her.

Ramsey's videotaped confession to police was included in his first trial, but his conviction was overturned in 2000.

The Illinois Supreme Court ordered a retrial after finding that Ramsey was tried under an insanity defense law that was later ruled improper.

© 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



U.S. says Pfizer unit pleads guilty to kickback
Business | 2007/04/26 00:01

Pharmacia and Upjohn Company Inc., a unit of Pfizer Inc. (PFE.N), pleaded guilty to one count of offering a kickback to a pharmacy benefit manager and was sentenced to pay a criminal fine of $19.68 million, federal prosecutors said on Wednesday.

As a result of its conviction, Pharmacia will be excluded permanently from participation in all federal health care programs, prosecutors said.

Pharmacy benefit managers often recommend drugs to health plans. Their list of recommended drugs is called a formulary.

Prosecutors alleged Pharmacia offered the pharmacy benefit manager inflated payments in the amount of $12.3 million.

They also charged that Pharmacia's financial analyses showed the company expected to earn that much or more from the improved formulary positioning and benefits their drugs were expected to receive in return.

Earlier this month, prosecutors said Pharmacia would plead guilty to the charge, pay the fine and be permanently banned from federal health care programs.



Fla. business co-owners plead guilty in steroid probe
Breaking Legal News | 2007/04/25 20:35

Two owners of a Florida business that prospected for steroid customers on the Internet, producing about $5 million in annual revenue, pleaded guilty Wednesday to drug charges in a New York court.

Greg Trotta, 38, and Brian Schafler, 34, both of Delray Beach, Fla., agreed to testify against others in the multistate investigation by Albany County prosecutors in return for sentences of five years' probation. Each pleaded guilty to felony third-degree diversion of prescription medications and prescriptions, admitting they helped get drugs in 2006 for customers in upstate New York who had no medical need for them.

"I would actually put the order in," Schafler said in court.

He said he talked with customers, then had them talk by phone with Dr. Gary Brandwein, another owner of MedXLife.com, who signed and sent prescriptions, which were filled by Signature Pharmacy of Orlando.

"They paid for hits on Yahoo and other search engines," Assistant District Attorney Christopher Baynes said. Internet users who searched the word "steroids" would pull up MedXLife's Web site ahead of others, he said.

In business for about three years, the company was selling steroids, human growth hormone and testosterone, and it was the second biggest producer for Signature, Baynes said.

"They did $5 million dollars a year in business," he said.

The Web site says MedXLife is currently unable to complete patient orders, not taking new patients or refilling prescriptions.

In New York, it is illegal for a doctor to prescribe drugs without examining the patient in person, and illegal for a pharmacy to dispense prescription drugs without a valid prescription. Both Trotta and Schafler said Brandwein didn't see the patients.

Brandwein of Boca Raton, Fla., a 44-year-old osteopath, has pleaded not guilty to six counts in Albany County Court related to the criminal sale of a controlled substance. Four owners and employees of Signature, which is at the center of the investigation, also have pleaded not guilty to multiple charges.

Charges are pending against seven others. Five other people from Texas, Florida and New York, including two former physicians, have pleaded guilty.

Trotta and Schafler agreed to forfeit $10,000 each. District Attorney P. David Soares said that restitution will exceed the investigation's expenses so far.

Prosecutors say they targeted distributors, not customers, who reportedly included several professional athletes.



Vonage Granted Stay in Verizon Patent Case
Litigation | 2007/04/25 09:16

The US Appeals Court for the Federal Circuit ruled Tuesday that Internet phone company Vonage can subscribe new customers while it appeals a lower court finding that it infringed three patents held by Verizon Communications, Inc. In the wake of the finding, US District Judge Claude M. Hilton issued an order prohibiting Vonage from subscribing new customers. Vonage will also continue paying a 5.5 percent royalty rate on all future sales to an escrow account while the appeal is pending. The appeals court scheduled oral arguments for June 25.

Verizon filed a patent infringement lawsuit against Vonage in June, accusing it of violating seven Verizon patents. On March 8, a federal jury returned a verdict finding that Vonage had violated [Verizon press release; Vonage press release] three voice-over-Internet Protocol patents held by Verizon, awarding Verizon $58 million dollars in compensation plus future royalties amounting to 5.5 percent of Vonage's revenues if Vonage continues to use the patented technology. Hilton, saying he did not wish to irreparably harm Vonage's business, issued the partial injunction as a less severe punishment than one he initially proposed, which would would have disrupted phone service for Vonage's 2.2 million existing customers. Vonage lawyers argued in response that the ruling would "slowly strangle" Vonage because it would be unable to compensate for customers that routinely switch services in the highly competitive industry. Vonage lawyers projected that the phone service would lose approximately 650,000 subscribers over the course of next year. Earlier this month, the US Court of Appeals for the Federal Circuit issued an emergency stay of the injunction.



Firms face class action suit over tainted pet food
Class Action | 2007/04/25 08:59
A Boston law firm filed a class action lawsuit against Menu Foods Holdings Inc., Iams Co., Nutro Products Inc., and other firms for supplying contaminated pet food that spawned an outbreak of pet illnesses and deaths. The lawsuit alleges some deaths could have been avoided had the companies alerted consumers sooner. Wayne, Richard & Hurwitz LLP filed its suit in US District Court in Massachusetts on behalf of two women whose cats suffered renal or kidney failure after eating the contaminated food. The food contained wheat gluten with melamine, an industrial chemical not approved for use in pet food.


Chile leads in investment attractiveness in L. America
World Business News | 2007/04/25 08:56

Chile, Brazil and Colombia are the most attractive countries for private infrastructure investment in Latin America, said a report published on Wednesday.

Chile topped the list with 5.43 points, for "an extremely auspicious atmosphere for private investment", according to the Comparative Analysis of Private Infrastructure Investment report.

Brazil followed with 4.4 points, Colombia 4.33, Peru 4.23, Mexico 4.04, Uruguay 4.02, El Salvador 3.97, Argentina 3.41, Venezuela 3.37, Bolivia 3.34 and the Dominican Republic 3.33.

The study, presented at the second World Economic Forum for Latin America, attracted more than 400 business, social and political leaders.

Economist Irene Mia, one of the report's authors, told a press conference that the study came to its conclusion after taking into consideration the macro-economic environment, the legal framework, political risks, access to information and financial market development in each country.

The report divided the nations into four groups: Brazil, Peru, Chile and Colombia were showing good development in all key values.

Mexico and El Salvador were attractive for investment with good financial markets, but had poor civil society-government relationships.

Uruguay and the Dominican Republic had acceptable investment environments but lacked the basic infrastructure which opened the door to more complex private-sector infrastructure.

The final group, including Argentina, Bolivia and Venezuela, had poor investment conditions and needed to adopt extensive reforms.



Ex-Ferrari F1 men guilty of industrial espionage
International | 2007/04/25 08:19

Two former employees of the Maranello Italy based Ferrari Formula One team who later worked for the rival Toyota Motorsport F1 team in Cologne, Germany have been found guilty of industrial espionage and have been given suspended prison sentences.

The Italian Gazzetta dello Sport newspaper reports that Mauro Iacconi and Angelo Santini were found guilty by a Modena court in a case in which they charged with espionage, including gaining unauthorised access to Ferrari's computers and the misappropriation of files.

Santini and Iacconi, who were dismissed by Toyota before the case was made public, have both appealed against their sentences.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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