- A (Not So) New Avenue to Challenge Misleading Rx Promotion – NAD January 25, 2023
- Under FDORA, FDA to Require Most Drug and Device Trials to Submit Diversity Action Plans January 24, 2023
- FDORA Enacted; HP&M Issues Detailed Summary and Analysis January 23, 2023
- CMS Rolls up its Sleeves on Price Negotiations, Sets Agenda for 2026 Negotiated Prices January 19, 2023
- FDA and Health Canada eSTAR Pilot is Open and Accepting Participant Requests January 17, 2023
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United States v. Farinella: Vindicated on Appeal – It Does Happen
July 21, 2009Hyman, Phelps & McNamara’s John R. Fleder has written an article in the July/August 2009 edition of the Food and Drug Law Institute’s Update Magazine. The article is entitled: “Vindicated on Appeal – It Does Happen.” The article discusses a recent ruling in United States v. Farinella by a federal appeals court in Chicago. That decision vacated and reversed a felony criminal conviction in a FDA-related case. The theme of the article is that although the government provides incentives for individuals and companies to plead guilty in criminal cases, the government has a heavy burden to overcome in order to convict someone and make that conviction stick on appeal. This case teaches that mistakes by federal prosecutors and others on the prosecution team can destroy a case that might otherwise seem to have prosecutorial merit. Thus, going to trial, and even appealing after a conviction can lead to a total vindication of the individual or company targeted by the government for prosecution. In this case, the appellate court had harsh words about the prosecution of the case, using general language that could be helpful to many FDA-regulated companies, whether or not they are being criminally prosecuted.
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- A (Not So) New Avenue to Challenge Misleading Rx Promotion – NAD January 25, 2023
- Under FDORA, FDA to Require Most Drug and Device Trials to Submit Diversity Action Plans January 24, 2023
- FDORA Enacted; HP&M Issues Detailed Summary and Analysis January 23, 2023
- CMS Rolls up its Sleeves on Price Negotiations, Sets Agenda for 2026 Negotiated Prices January 19, 2023
- FDA and Health Canada eSTAR Pilot is Open and Accepting Participant Requests January 17, 2023
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
- Enforcement
- FDA News
- Foods
- Foods and Dietary Supplements
- Fraud and Abuse
- Government Pricing
- Hatch-Waxman
- Health Care
- Health Privacy
- Import/Export
- In Vitro Diagnostic Devices
- Jobs
- Medical Devices
- Miscellaneous
- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized