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January 31, 2008

Table of Contents

LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Foster

DRUGS & BIOTECH, EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, MANUFACTURING, PRODUCT LIABILITY
• Rush v. Wyeth

IMMIGRATION LAW
• Guled v. Mukasey

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LATEST SUMMARIES

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Foster, No. 07-1217
A sentence for knowingly and intentionally possessing pseudoephedrine, knowing the pseudoephedrine would be used to manufacture methamphetamine, is vacated and remanded where the district court's imposition of a suspended sentence constituted an illegal sentence. Read more...

DRUGS & BIOTECH, EVIDENCE, HEALTH LAW, INJURY AND TORT LAW, MANUFACTURING, PRODUCT LIABILITY
Rush v. Wyeth, No. 07-1822
In a case which is part of multi-district litigation (MDL) on Hormone Replacement Therapy (HRT) alleging that defendant's products, Premarin and Prempro, caused plaintiff's breast cancer, a judgment against plaintiff is affirmed over claims that the district court erred by: 1) giving incorrect instructions to the jury; 2) allowing undisclosed and improper expert testimony; 3) disallowing plaintiff's expert opinions; and 4) failing to instruct the jury on fraud. Read more...

IMMIGRATION LAW
Guled v. Mukasey, No. 07-168, 07-2339
Somalian native's petition for review of a denial of a final order of removal, and a denial of his motion to reopen and reconsider, is denied over claims that: 1) legal errors committed by the IJ and BIA violated his due process rights; 2) the IJ misapplied the balancing test used to determine whether cancellation of removal is appropriate; 3) the IJ abused its discretion in denying his claim for asylum and in "failing to consider" his related claims for relief; and 4) it was an error of law for the BIA to rule he did not meet his burden to show proceedings should be reopened. Read more...


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