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•  Legal Exams - Legal News


The Supreme Court on Monday rejected an appeal from Martin Shkreli, who was once dubbed “Pharma Bro” after jacking up the price of a lifesaving drug.

Shkreli appealed an order to return $64.6 million in profits he and his former company reaped after monopolizing the market for the medication and drastically increasing its price. His lawyers argued that the money went to his company rather than him personally.

The justices did not explain their reasoning, as is typical, and there were no noted dissents.

Prosecutors, though, said the company had agreed in a settlement to pay $40 million, and because Shkreli masterminded the scheme he should bear responsibility for repaying profits.

New York Attorney General Letitia James applauded the court’s action upholding the order, which also included a lifetime ban on Shkreli working in the pharmaceutical industry.

“This win reinforces how our state’s tough anti-fraud laws help protect New Yorkers and ensure bad actors cannot abuse their power, wealth, or influence,” she said in a statement.

Thomas Huff, a lawyer for Shkreli, said the decision was disappointing. But he also said the high court could yet overturn a lower court decision that made the $64 million penalty order possible even though Shkreli hadn’t personally gotten the money.

“If and when the Supreme Court does so, Mr. Shkreli will have a strong argument for modifying the order accordingly,” he said.

Shkreli was also ordered to forfeit the Wu-Tang Clan’s “Once Upon a Time in Shaolin,” the unreleased work that has been called the world’s rarest musical album. The multiplatinum hip-hop group put a single copy of the album up for auction in 2015, on the condition that it not be put to commercial use.

Shkreli was convicted of lying to investors and cheating them out of millions of dollars in two failed hedge funds he operated. Shkreli was CEO of Turing Pharmaceuticals — later Vyera — when it raised the price of Daraprim from $13.50 to $750 per pill after obtaining exclusive rights to the decades-old drug in 2015. It treats a rare parasitic disease that strikes pregnant women, cancer patients and AIDS patients.

He defended the decision as capitalism at work, saying insurance and other programs ensured that people who need Daraprim would ultimately get it. But the move sparked outrage, from the medical community to Congress.

Shkreli was released from prison in 2022 after serving much of a seven-year sentence.



A man whose courtroom attack on a judge in Las Vegas was recorded on video has pleaded guilty but mentally ill to attempted murder and other charges.

Deobra Delone Redden ended his trial Thursday after Clark County District Court Judge Mary Kay Holthus testified that she feared for her life when Redden vaulted over her bench and desk and landed on her. The attack happened Jan. 3 as Holthus was about to deliver Redden’s sentence in a separate felony attempted battery case.

Redden’s defense attorney, Carl Arnold, said in a statement Friday that the plea “reflects a delicate balance between accepting responsibility for a regrettable incident and recognizing the impact of Mr. Redden’s untreated mental illness at the time.”

Arnold told jurors who began hearing evidence on Tuesday that Redden had not taken prescribed medication to control his diagnosed schizophrenia. Holthus testified that she felt “defenseless” during the attack and that court officials and attorneys who came to her aid saved her life, the Las Vegas Review-Journal reported.

Law clerk Michael Lasso told the jury he saw Holthus’ head hit the floor and Redden grab her hair. “I absolutely thought, ‘He’s going to kill her,’” Lasso testified. He said he wrestled Redden away, punched him to try to subdue him and saw Redden hitting a corrections officer who also intervened.

An armed courtroom marshal suffered a bleeding gash on his forehead and a dislocated shoulder, according to court officials and witnesses. Holthus was not hospitalized and returned to work after treatment for her injuries. A prosecutor for more than 27 years, she was elected to the state court bench in 2018.

Redden, 31, is already serving prison time for other felony battery convictions. Prosecutor John Giordani said Friday he could face up to 86 years for his pleas to eight felonies, which also included battery of a protected person age 60 or older resulting in substantial bodily harm, intimidating a public officer and battery by a prisoner.

Clark County District Court Judge Susan Johnson ruled that Redden was competent and capable of entering his plea, the Review-Journal reported. Sentencing was scheduled for Nov. 7.

Arnold said in his statement that he will ask Johnson to order mental health treatment for his client behind bars.

Giordani said Redden told three correctional staff members after the attack that he tried to kill Holthus.

“While he clearly has past mental issues, he made a choice that day and failed to control his homicidal impulses,” the prosecutor said.



A federal appeals court revived Sarah Palin’s libel case against The New York Times on Wednesday, citing errors by a lower court judge, particularly his decision to dismiss the lawsuit while a jury was deliberating.

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that Judge Jed S. Rakoff’s decision in February 2022 to dismiss the lawsuit mid-deliberations improperly intruded on the jury’s work.

It also found that the erroneous exclusion of evidence, an inaccurate jury instruction and an erroneous response to a question from the jury tainted the jury’s decision to rule against Palin. It declined, however, to grant Palin’s request to force Rakoff off the case on grounds he was biased against her. The 2nd Circuit said she had offered no proof.

The libel lawsuit by Palin, a onetime Republican vice presidential candidate and former governor of Alaska, centered on the newspaper’s 2017 editorial falsely linking her campaign rhetoric to a mass shooting, which Palin asserted damaged her reputation and career.

The Times acknowledged its editorial was inaccurate but said it quickly corrected errors it called an “honest mistake” that were never meant to harm Palin.

Shane Vogt, a lawyer for Palin, said in an email that Palin was “very happy with today’s decision, which is a significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general.”

“The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury that is ‘provided with relevant proffered evidence and properly instructed on the law,’” Vogt added, quoting in part from the 2nd Circuit ruling.

Charlie Stadtlander, a spokesperson for the Times, said the decision was disappointing. “We’re confident we will prevail in a retrial,” he said in an email.

The 2nd Circuit, in a ruling written by Judge John M. Walker Jr., reversed the jury verdict, along with Rakoff’s decision to dismiss the lawsuit while jurors were deliberating.

Despite his ruling, Rakoff let jurors finish deliberating and render their verdict, which went against Palin.

The appeals court noted that Rakoff’s ruling made credibility determinations, weighed evidence, and ignored facts or inferences that a reasonable juror could plausibly find supported Palin’s case.

It also described how “push notifications” that reached the cellphones of jurors “came as an unfortunate surprise to the district judge.” The 2nd Circuit said it was not enough that the judge’s law clerk was assured by jurors that Rakoff’s ruling had not affected their deliberations.

“Given a judge’s special position of influence with a jury, we think a jury’s verdict reached with the knowledge of the judge’s already-announced disposition of the case will rarely be untainted, no matter what the jurors say upon subsequent inquiry,” the appeals court said.



Turkey on Wednesday filed a request with a U.N. court to join South Africa’s lawsuit accusing Israel of genocide in Gaza, the foreign minister said.

Turkey’s ambassador to the Netherlands, accompanied by a group of Turkish legislators, submitted a declaration of intervention to the International Court of Justice in The Hague.

With the development, Turkey, one of the fiercest critics of Israel’s actions in Gaza, becomes the latest nation seeking to participate in the case. Spain, Mexico, Colombia, Nicaragua and Libya have also asked to join the case, as have Palestinian officials. The court’s decision on their requests is still pending.

“We have just submitted our application to the International Court of Justice to intervene in the genocide case filed against Israel,” Foreign Minister Hakan Fidan wrote on the social media platform X. “Emboldened by the impunity for its crimes, Israel is killing more and more innocent Palestinians every day.”

“The international community must do its part to stop the genocide; it must put the necessary pressure on Israel and its supporters,” he said. “Turkey will make every effort to do so.”

Turkish President Recep Tayyip Erdogan has accused Israel of genocide, called for it to be punished in international courts and criticized Western nations for backing Israel. In May, Turkey suspended trade with Israel, citing its assault on Gaza.

In contrast to Western nations that have designated Hamas a terrorist organization, Erdogan has commended the group, calling it a liberation movement.

South Africa brought a case to the International Court of Justice late last year, accusing Israel of violating the genocide convention through its military operations in Gaza.

Israel has strongly rejected accusations of genocide and has argued that the war in Gaza is a legitimate defensive action against Hamas militants for their Oct. 7 attack in southern Israel that killed around 1,200 people and in which 250 hostages were taken.

If admitted to the case, the countries who joined would be able to make written submissions and speak at public hearings.

Preliminary hearings have already been held in the genocide case against Israel, but the court is expected to take years to reach a final decision.

“No country in the world is above international law,” Turkish Foreign Ministry spokesman Oncu Keceli said on X earlier. “The case at the International Court of Justice is extremely important in terms of ensuring that the crimes committed by Israel do not go unpunished.”

Keceli also called for the immediate implementations of precautionary measures ordered by the court, including a halt to military offensive and an increase in humanitarian aid to Gaza.

Since Erdogan took power in 2003, former allies Turkey and Israel have experienced a volatile relationship, marked by periods of severe friction and reconciliation. The war in Gaza has disrupted the most recent attempts at normalizing ties.



New York’s highest court heard arguments Tuesday in a Republican challenge of a law that allows any registered voter to cast a mail-in ballot during the early voting period.

The case, which is led by Rep. Elise Stefanik and includes other lawmakers and the Republican National Committee, is part of a widespread GOP effort to tighten voting rules after the 2020 election.

Democrats approved the mail voting expansion law last year. The Republican challenge argues that it violates voting provisions in the state Constitution.

The hourlong arguments before the New York Court of Appeals in Albany hinged on technical readings of the Constitution, specifically whether certain passages would allow for the state Legislature to expand mail voting access.

At certain points in the hearing, judges quizzed attorneys on whether a constitutional provision that says eligible voters are entitled to vote “at every election” would mean a physical polling place or simply the election in general.

Michael Y. Hawrylchak, an attorney representing the Republicans, said that provision “presupposes a physical place” for in-person voting. Deputy Solicitor General Jeffrey W. Lang, who is representing the state, said the phrase “just refers to a process of selecting an office holder” and not any physical polling place.

Democrats first tried to expand mail voting through a constitutional amendment in 2021, but voters rejected the proposal after a campaign from conservatives who said it would lead to voter fraud.

Lower courts have dismissed the Republican lawsuit in decisions that said the Legislature has the constitutional authority to make rules on voting and the Constitution doesn’t require voting specifically to occur in person on election day.

It is unclear when the Court of Appeals will rule.




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