By Matthew Russell Lee, Patreon Order
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, Dec 13 – In the case against Martin Shkreli for blocking generic competition to Daraprim, brought by the Federal Trade Commission and a group of state attorneys general, there was a telephone conference publicized for May 27, 2020 at 2:30 by before U.S. District Court for the Southern District of New York Magistrate Judge Robert W. Lehrburger.
Inner City Press called in with the telephone number and access code which were published on PACER.
Judge Lehrburger, after asking for the name of each lawyer for defendants and plaintiffs on the call, even if they would not speak, said there were four more people on the line.
He asked each to identify themselves. Inner City Press immediately said, "Inner City Press."
Judge Lehrburger said it was a settlement call, even though PACER listed is a call in advance of a settlement conference in June. Inner City Press pointed out that it was listed as a Notable Proceeding. Judge Lehrburger said, Thank you for bowing out.
So Inner City Press disconnected from the call, and sent out this tweet:
In a case by Federal Trade Commission and AGs of NY & other states against Martin Shkreli & Vyera Pharma, from a pre-settlement conference telephone call listed in PACER Inner City Press was just told to "bow out" - hang up - by SDNY Judge Lehrberger.
This case, from which the Press was just told to "bow out," is about Shkreli and Vyera and their "scheme to block lower-cost generic competition to Daraprim, which treats potentially fatal parasitic infection toxoplasmosis."
Time moved on. On November 16, 2021 District Judge Denise L. Cote held a telephone proceeding in the case and Inner City Press covered it without incident. In fact, it live tweeted:
Now FTC v. Martin #Shkreli, with many states on the line.
Judge Cote: He access must be restricted in an appropriate way, but I don't think we need to address it at this point.
Shkreli's lawyer: We joined Mr. Mulleady's motion.
Judge Cote: Mr. Shkreli has chosen to absent himself from trial, so he won't have more rights.
Judge Cote: That is it for today. Have a good holiday and stay safe.
But then on December 13, when Inner City Press went to the courtroom, it was very quickly sealed. An hour later when Inner City Press went back, it was still sealed. This is a public interest case by the FTC?
On January 14, 2022 Judge Cote issued a 135 page order, which we've put on DocumentCloud here, finding Shkreli liable, banning him for life from the pharmaceutical industry, and ordering him to pay $64.6 million to the complaining states. We'll have more on this.
The case is Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al., 20-cv-706 (Cote / Lehrburger).
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