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8th Circuit Court rejects appeal, allows execution of Carey Dean Moore to proceed

Posted at 11:03 AM, Aug 13, 2018
and last updated 2018-08-13 12:09:39-04

It appears the final roadblocks have been cleared and the execution of Carey Dean Moore will proceed as scheduled Tuesday. 

The 8th Circuit Court of Appeals rejected the appeal of German drug company Fresenius Kabi, which filed a lawsuit saying using their drug for the execution of Carey Dean Moore would harm their reputation. 

On Friday, Judge Richard Kopf rejected Fresenius Kabi's arguments, prompting attorney Mark Christensen to tell reporters "We're going to continue doing everything we can to make sure our drugs aren't used in an execution."

Christensen is also representing Sandoz Inc., another drug maker worried their drug was being used as part of the execution. 

Kopf said Monday he believes the suits of Fresenius Kabi and Sandoz are identical, but Christensen disagreed, saying he did not file the motion for Sandoz with the intention to harass or delay the execution. 

“I can assure you in return I don’t think you (Christensen) did it in bad faith, but as you know with the rule the subjectivity may be considered," Kopf said. "Sandoz the corporation had to have known of this litigation, and I’m just perplexed why Sandoz would’ve waited.”

Kopf did not a make a decision on the lawsuit from Sandoz but because the drugs don't expire until Oct. 31, an injunction won't be made until a later date.