Free US Court of Appeals for the Seventh Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Seventh Circuit February 15, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | The Investors’ Control of Their Investment Advisers. Who Has the Final Word? | TAMAR FRANKEL | | BU Law emerita professor Tamar Frankel discusses an emerging issue affecting financial advisers—when a client may exercise control over the actions of the adviser. Frankel relates the story of an investment adviser that did not follow the client’s orders to cease certain investments, at a cost of almost $5 million to the client. As Frankel explains, the Securities and Exchange Commission (SEC) got involved, resulting in the investment adviser’s settlement for a significant payment to the client and other conditions. | Read More |
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US Court of Appeals for the Seventh Circuit Opinions | Antrim Pharmaceuticals LLC v. Bio-Pharm, Inc. | Docket: 18-3434 Opinion Date: February 14, 2020 Judge: Brennan Areas of Law: Contracts, Drugs & Biotech | The patent for Lexapro, an anti-depressant, was expiring, creating a potentially lucrative opportunity to sell a generic version, escitalopram. BioPharm, a generic drug manufacturer, and Antrim planned to sign an updated version of the terms for a previous venture, but never signed a contract for the escitalopram venture. The FDA approved Antrim’s Abbreviated New Drug Application for escitalopram. Bio-Pharm manufactured the first batch but never shipped it to Antrim because the companies never signed a new agreement. Antrim sued Bio-Pharm for breaching an oral contract. Bio-Pharm counterclaimed, arguing promissory estoppel or breach of the claimed oral contract. Antrim unsuccessfully argued the court should preclude testimony by Bio-Pharm’s expert on how the FDA regulates ANDA holders. BioPharm successfully argued the court should preclude testimony by Antrim’s expert on industry practices and how Bio-Pharm’s alleged breach impaired the value of Antrim’s business. The court rejected Antrim’s proposed Jury Instruction that under FDA policy an ANDA holder owns the product underlying that ANDA and denied Antrim’s motion to bar Bio-Pharm from requesting lost profits in its counterclaim, despite missing the Rule 26(a)(1) disclosure deadline. A jury ruled in favor of Bio-Pharm on Antrim’s claim and in favor of Antrim on Bio-Pharm’s counterclaim. Neither party was awarded damages. The Seventh Circuit affirmed, rejecting Antrim’s challenges to the jury instructions, evidentiary rulings, and allowing Bio-Pharm to request lost profits. | | United States v. Ballard | Docket: 19-2103 Opinion Date: February 14, 2020 Judge: Daniel Anthony Manion Areas of Law: Criminal Law | From 1985-2017, Ballard accrued over 30 convictions for crimes including attempted residential burglary, kidnapping, battery, aggravated assault (amended from rape), possession of a firearm as a felon, and multiple convictions for driving with a suspended or revoked driver’s license. Ballard also accrued many parole violations and committed infractions while in prison. Ballard pleaded guilty in 2018 to possessing a firearm as a felon, 18 U.S.C. 922(g)(1). The court initially imposed an armed career criminal enhancement, resulting in a Guidelines range of 180-210 months. The court considered old offenses for which the Guidelines did not assess criminal history points. Citing the 18 U.S.C. 3553 factors, the court imposed a 232-month sentence. On remand, a revised presentence report calculated a Guidelines range of 33-41 months, with a statutory maximum of 120 months. The court again pointed to Ballard’s extensive criminal history and cited the section 3553 factors to impose a sentence of 108 months’ imprisonment. The Seventh Circuit vacated. The district court committed procedural error by not providing an adequate explanation for the major upward departure. The court referred to the defendant's history and characteristics and the goals of promoting respect for the law, deterrence, and protecting the public. These were the same factors discussed at the original sentencing, resulting in a sentence only 22 months above the original Guidelines range. The court provided no explanation for why consideration of the same factors warranted a much greater departure on resentencing. | |
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