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."
The US 8th Circuit Court of Appeals has denied the appeal by Fresenius Kabi on the previous motion. Judge is reading it now as we hear the motion to intervene by Sandoz, another drug manufacturer worried their product is being used in Carey Dean Moore's execution.@3NewsNowOmaha
— Jake Wasikowski (@jakewasikowski) August 13, 2018
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.