Mr. Shkreli -- just as we've long predicted -- has struck out, on appeal -- a mere 40 days after argument. He'd be a fool to file a petition with the Supremes on this record, but he likely will. And he will lose there as well -- in about 45 elapsed days. [One of dozens of my prior posts on this topic here. Search "Shkreli" at upper left for the full archive.]
Here's the full eight page opinion and order -- and he must pay the states' and FTC's costs for this appeal, to boot. He's done -- stick a fork in him:
. . .We conclude that the district court did not abuse its discretion by imposing a lifetime ban from the pharmaceutical industry on Shkreli because an injunction of that scope was within the range of permissible decisions. The district court found, and Shkreli does not dispute, that Shkreli’s illegal scheme was “egregious, deliberate, repetitive, long-running, and ultimately dangerous.”
The district court found that Shkreli’s comprehensive and effective scheme led to the price increase of a life-saving drug, Daraprim, from $17.50 to $750 per tablet and successfully blocked the entry of generic drug competition to maintain Daraprim’s inflated price. The district court further found that Shkreli’s scheme was far-reaching and was implemented using many means. It pointed to the record demonstrating that Shkreli facilitated extensive research; established at least two companies; recruited and worked through others even while in prison; and took advantage of regulatory requirements designed to safeguard the pharmaceutical industry to carry out his illegal scheme.
The district court’s injunction was a reasonable measure to protect the public from the risk of recurring anticompetitive conduct in the pharmaceutical industry by Shkreli. . . .
Now you know. That's the beginnings, at least, of. . . justice.
नमस्ते
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