NECC Execs Push 'Legal Impossibility' Defense In 1st Circ.
Law360 (March 18, 2020, 2:48 PM EDT) -- Two New England Compounding Center executives charged over a deadly fungal meningitis outbreak told the First Circuit that a lower court was right to toss their fraud convictions based on the rarely successful "legal impossibility" defense.
In a pair of briefs filed Monday and Wednesday, respectively, former NECC co-owner Gregory Conigliaro and operations director Sharon Carter said they could not have defrauded the U.S. Food and Drug Administration since the FDA was not exercising any regulatory oversight over compounding pharmacies.
The defendants asked the appeals court to uphold a June ruling by U.S. District Judge Richard G. Stearns, who accepted the legal impossibility defense — even...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!