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Fox Rothschild LLP | USA | 7 Feb 2013

Overview agent-witness may not start trial by implicating defendant in charged offense based on testimony not yet admitted

Prosecutors love using summary witnesses, usually their case agents, at trial. As the closing, wrap-up witness, an agent can testify about summary


Fox Rothschild LLP | USA | 8 Oct 2012

Securities fraud conviction reversed because trial court failed to allow defendant to introduce co-defendant's prior deposition testimony before CFTC

Often, the government finds itself desirous of introducing the prior civil deposition testimony of a witness who is unavailable for trial, occasionally because the witness is deceased or cannot be located.


Fox Rothschild LLP | USA | 7 Sep 2012

Law enforcement officers may be impeached with prosecutors' inconsistent charging decisions

In an important decision for the right to a fair trial, the Second Circuit recently held that a detective -- testifying against the only charged defendant in a case involving the seizure of weapons from a minivan occupied by several persons besides that defendant -- could be impeached with prosecutors' initial decision to charge other occupants of the vehicle with possession of those firearms.


Fox Rothschild LLP | USA | 11 Jun 2012

Admission of defense evidence under the residual hearsay exception, rule 807, or unicorn sightings -- which is more rare?

Assuming that defense counsel can identify important evidence, written or testimonial, sufficiently in advance of trial to provide notice to the prosecution, then that counsel can offer the evidence under the residual hearsay exception, FRE 807.


Fox Rothschild LLP | USA | 3 Jun 2012

Following seven day bench trial, Judge Robinson finds plaintiff Pronova did prove infringement of its '667 and '077 patents by defendants in ANDA action

By Opinion issued by The Honorable Sue L. Robinson in Pronova Biopharma Norge AS v. Teva Pharmaceuticals USA, Inc., et al., Civil Action No. 09-286-SLR (D.Del., May 29, 2012), the Court set forth its findings of fact and conclusions of law following a seven day bench trial in an infringement action which arose out of the filing of ANDA applications by defendants, Teva Pharmaceuticals, USA, Inc. (“Teva”) and Par Pharmaceutical, Inc. and Par Pharmaceutical Companies, Inc. (collectively, “Par”), seeking to market versions of Lovaza, which is prescribed to treat high blood levels of triglycerides.


Fox Rothschild LLP | USA | 5 Nov 2011

Judge Robinson grants in part plaintiff's motion to preclude defendant from adducing improper damages testimony from expert

By Memorandum Order entered by The Honorable Sue L. Robinson in SRI International, Inc. v. Internet Security Systems, Inc., et al., Civil Action No. 04-1199-SLR (D.Del., October 31, 2011), the Court granted in part plaintiff SRI International’s motion to preclude improper damages testimony by defendant Symantec Corporation’s expert during the damages trial.


Fox Rothschild LLP | USA | 14 Oct 2011

But I have a prescription for that marijuana, dude . . .

Several weeks ago, I saw an article on Gawker.com that a woman had accidentally got her colleagues high on pot brownies


Fox Rothschild LLP | USA | 22 Sep 2011

Third Circuit abandons "rule of consistency" in conspiracy cases, upholds conviction of one conspirator even though his only co-conspirator was acquitted

Conspiracy law historically has borne a number of common law doctrines, all developed long ago and all aimed at reducing the expansive reach and draconian implications of conspiracy charges


Fox Rothschild LLP | USA | 29 Aug 2011

New due process hearing rules require planning before due process is in view

In January 2011, the Pennsylvania Special Education Hearing Officers issued new rules related to the manner in which due process hearings under the Individuals with Disabilities Education Act (IDEA) are to be conducted

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