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Most of the charges are either duplicative or were filed too late, the judge ruled, but the malpractice accusation is “better addressed on a more complete record at the summary judgment stage or at trial.”
The judge ruled that their motion for reconsideration “is a thinly-veiled attempt to relitigate the motion to dismiss.”
“Protection against the possibility of future adverse impact on employment,” U.S. District Judge Vincent L. Briccetti said in a Dec. 6 opinion, “does not overcome the presumption of public access.”
Peter D. St. Phillip, a White Plains lawyer, has asked a court to quash subpoenas for his testimony and documents, in a racketeering lawsuit against GlaxoSmithKline. He argues that the request violates the attorney-client privilege and work-product doctrine.
The “perfect storm” that befell Shalom Lamm, assistant U.S. attorneys argued, was weather of his own making.
As of this morning, 349 federal lawsuits had been filed nationally.