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Court hears appeal on Mass. wine shipment law
Court Feed News | 2009/11/02 14:50

Gerald Leader loves California wines but lives in Massachusetts, where state law sharply limits the ability of out-of-state wineries to ship their products directly to consumers.

"I can't go directly to wineries in Napa and Sonoma," said Leader, a retired Boston University professor, who, along with a group of like-minded people, are suing to have the restriction lifted.

On Monday, the 1st U.S. Circuit Court of Appeals in Boston is scheduled to hear arguments on the law that for years has been fermenting opposition from out-of-state wine producers, as well as connoisseurs like Leader who would prefer to order their bottles through the Internet or mail order.

Despite a 2005 Supreme Court ruling that opened the door wider to interstate wine shipments, restrictions remain in more than a dozen states. Attorneys say the outcome of the case in Massachusetts could influence others.

"It's an example of a protectionist law that violates the commerce clause of the U.S. Constitution," said Tracy Genesen, who will argue the case on behalf of Sacramento, Calif.-based Family Winemakers of California, which represents about 650 producers that claim they have essentially been frozen out of the Massachusetts market.

According to Free the Grapes, a coalition of wine producers, retailers and consumers, Alabama, Arkansas, Delaware, Maryland, Montana, New Jersey, Oklahoma, Pennsylvania, South Dakota and Utah prohibit wineries from shipping directly to consumers while Arizona, Kentucky, Ohio along with Massachusetts restrict shipments by companies that produce over a certain amount of wine.



Supreme Court Rejects Plavix Patent Challenge
Lawyer Blog News | 2009/11/02 13:50

The Supreme Court Monday rejected a generic-drug maker's appeal challenging a patent for a blockbuster blood-thinning drug developed by Sanofi-Aventis SA and co-marketed by Bristol-Myers Squibb Co.

The dispute arose after the Canadian generic-drug maker Apotex Corp. applied to market a generic version of the anti-blood-clotting drug Plavix shortly before its original patent expired in 2003.

France-based Sanofi sued Apotex for patent infringement because Sanofi researchers had separated Plavix's two main molecules and successfully applied for a second patent on just the effective molecule in the drug.

Apotex argued that the second patent, which doesn't expire until 2011, shouldn't have been granted. Two years ago the Supreme Court ruled in KSR v. Teleflex that a patent can't be awarded to the results of a procedure that is "obvious to try."

But both a U.S. judge in New York and the U.S. Court of Appeals for the Federal Circuit in Washington upheld the patent's validity, ruling that the results of the drug tests couldn't have been predicted, even if trying the experiment itself were obvious.



Jury Awards $16M in Radio Contestant Death
Court Feed News | 2009/10/30 21:15

A Sacramento Superior Court jury Thursday awarded the survivors of Jennifer Lea Strange $16,577,118 as a result of her death nearly three years ago in a water-drinking contest conducted by a local radio station.

In making the award, the seven-man, five-woman panel found that Entercom Sacramento LLC, the local subsidiary of Entercom Communications Corp. of Philadelphia was negligent in putting on the contest that ultimately resulted in Strange's death.

Plaintiffs lawyers had asked the jury for an award for economic and non-economic damages in a range of $34 million to $44.3 million.

Strange, 28, died Jan. 12, 2007, after participating in what KDND promoted as its "Hold Your Wee for a Wii" contest that promised the popular Nintendo video game to whomever could drink the most water without urinating or vomiting. The Sacramento County Coroner's Office determined that she died of acute water intoxication. The Sacramento County Sheriff's Department investigated the case to see if it was a homicide, but no criminal charges were filed.

Plaintiffs attorneys filed the wrongful death lawsuit on behalf of her husband, William Strange, individually and as guardian of their two young children, Ryland, 6, and Jorie, 3; and Ronald Sims, the father and guardian of the woman's oldest son, Keegan, 13. The plaintiffs charged that the defendants were negligent in holding the contest.



Cops: Student threatened 'snitches' in UConn death
Lawyer Blog News | 2009/10/30 16:56

A University of Connecticut student committed an act terrorism by posting Internet messages telling people to "stop the snitching" after the stabbing death of football player Jasper Howard, university police said Thursday.

Christopher Mutchler, an 18-year-old freshman from Wethersfield, faces charges of hindering prosecution, committing an act of terrorism and several misdemeanors. He is due in court Nov. 10.

The messages were found Oct. 20, posted on an ESPNU news page about the stabbing and a Facebook wall set up for mourners to leave condolence messages.

"STOP the snitching and post the names of anyone you know who gave information to the cops," read one profanity-laced posting on the ESPNU site. "jazz didnt deserve do die the person who killed him didnt intend to kill HIM anyone who snitched should face the social consequences."

Over 8,000 people visited the Facebook wall, and police say they had reason to believe the messages were instilling fear and preventing witnesses from coming forward.



'Big Brother 9' winner due in court in drug case
Court Feed News | 2009/10/30 16:55

The winner of the reality TV show "Big Brother 9" is headed to federal court for a detention hearing on a drug charge.

Adam Jasinski (jah-ZIN'-skee), of Delray Beach, Fla., is charged with attempting to sell 2,000 oxycodone pills. He is scheduled to appear in U.S. District Court in Boston Friday.

Jasinski was arrested in North Reading on Oct. 17 after he allegedly showed a government witness two plastic bags filled with oxycodone, a prescription painkiller that can cause dependance.

Jasinski won $500,000 on "Big Brother 9" in April 2008. In an affidavit, a federal drug agent said the 31-year-old Jasinski told him he had been using his winnings on the CBS reality show to buy thousands of oxycodone pills and resell them along the East Coast.



Law firm worker arrested in theft
Lawyer Blog News | 2009/10/30 14:58

A 40-year-old Denham Springs woman has been arrested for allegedly misappropriating $30,000 while working at a law firm.

According to court documents, the misappropriation of funds occurred between July 15, 2008, and June 12.

During that time, authorities say Christine Cronin Iddings used company credit cards to make purchases.

Investigators with the Attorney General's Fugitive Apprehension Unit arrested Iddings Thursday, and booked her into Parish Prison on 54 counts of access device fraud, 15 counts of forgery and a count of identity theft.

It wasn't immediately clear if Iddings has an attorney.



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