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· 4/11/2024

Nivagen Pharm., Inc. v. Hikma Pharm. USA Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding receipt crime was “morally turpitudinous because knowledge is a requisite element . . . and corrupt scienter is the touchstone of moral turpitude”
  • holding receipt crime was “morally turpitudinous because knowledge is a requisite element . . . and corrupt scienter is the touchstone of moral turpitude”
  • noting that the “BIA[’s] . . . long-standing position [is] that, where knowledge is a necessary element of a crime under a particular criminal statute, moral turpitude inheres in that crime”
  • “[C]ourts owe no deference to an agency’s interpretation of state or federal criminal laws, because the agency is not charged with the administration of such laws.”
  • \Among the tests to determine if a crime involves moral turpitude is whether the act is accompanied by a vicious motive or a corrupt mind.\
  • “Among the tests to determine if a crime involves moral turpitude is whether the act is accompanied by a vicious motive or a corrupt mind.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Medinilla J.

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.