Murphy & King Shareholder Dan Rabinovitz secured a Judgment of Acquittal for his client charged with Conspiracy to Impede the FDA, by prevailing on post-trial motion based on the doctrine of Legal ImpossibilityJune 14, 2019
On June 6, 2019 the Honorable Judge Richard Stearns issued a 50 page opinion granting Mr. Rabinovitz’s motion for judgment of acquittal. The case was tried over the course of 2 months in the fall of 2018 resulting in Mr. Rabinovitz’s client being found guilty of conspiring to impede the governmental functions of the FDA. Based on Mr. Rabinovitz’s argument that there was no law defining the difference between a compounding pharmacy and a drug manufacturer, the court found that the defendant had been deprived of fair notice and due process and reversed the jury’s verdict. For further details see Law360’s coverage below.
Legal Impossibility Lets Convicted Ex-NECC Execs Off Hook (PDF