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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal: State and Federal Decisions September 18, 2009
By David Badertscher, PLL
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STATE DECISION::
State v. Cagno
CRIMINAL PRACTICE - RICO Act
"A RICO conspiracy must continue to within five years of the indictment, but there is a presumption that the conspiracy continues when a member of an organized-crime family is involved."
FEDERAL DECISIONS:
In re Gabapentin Patent Litigation
ANTITRUST - Patent Infringement
"In this patent-infringement dispute, defendant's counterclaim for a declaration of unenforceability based on patent abuse and its antitrust counterclaims survive a motion to dismiss."
In re Gabapentin Patent Litigation
INTELLECTUAL PROPERTY - Patents
"In this patent-infringement action, plaintiff-drug manufacturer's motion to strike defendant-generic manufacturers' unclean-hands affirmative defense is granted; its motion to strike their patent-misuse defense is denied."
In re Insurance Brokerage Antitrust Litigation
CIVIL PRACTICE - Class Certification - Settlement - Antitrust
"The class certification requirements of FRCP 23(a) and (b) were met in this consolidated multistate antitrust litigation and the settlements reached were fair under FRCP 23(e)."
United States v. Arrelucea-Zamudio
CRIMINAL PRACTICE - Sentencing - "Fast Track" Programs
"It is within a sentencing judge's discretion to consider a variance from the Sentencing Guidelines on the basis of a fast-track disparity."
Muhammad v. Department of Corrections
CORRECTIONS - Civil Rights - Americans With Disabilities Act
"Because plaintiff's evidence demonstrates that he was subjected to unconstitutional conditions of confinement, the Department of Correction's sovereign immunity defense is insufficient to defeat plaintiff's ADA claim."
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Full post as published by New York Supreme Court Criminal Term Library on September 18, 2009 (boomark / email).
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