Criminal Law Products Liability

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CEO Conviction Aligns With Trend of Aggressive Foodborne Illness Prosecutions

The former CEO of Peanut Corporation of America (PCA), has been sentenced to an unprecedented 28 years for his role in the 2008-09 Salmonella outbreak linked to the deaths of nine people and more than 700 illnesses. While it...more

Possible Life Sentence in Salmonella Case Raises Stakes for Food and Beverage Industry Compliance

Last week, federal prosecutors in Georgia filed papers supporting the local probation office’s U.S. Sentencing Guidelines calculation calling for a sentence of life in prison for Stewart Parnell, the one-time CEO of Peanut...more

Food for Thought: Jail Sentences Send Strong Message to Food Industry

On Monday, U.S. District Court Judge Mark Bennett in Sioux City, Iowa, sentenced Austin (Jack) DeCoster and his son Peter to three months in jail for their role in selling contaminated food across state lines. Their company,...more

2014 Year in Review: OPDP Warning and Untitled Letters

In 2014, the Center for Drug Evaluation and Research’s (CDER) Office of Prescription Drug Promotion (OPDP) issued a total of 10 enforcement letters to pharmaceutical manufacturers. Of the 10 letters, nine were Untitled...more

RICO Indictment of NECC Executives for Acts of Second-Degree Murder

An Unprecedented Approach to Regulatory Violations - In December 2014, the United States Attorney for the District of Massachusetts obtained a sweeping indictment that charges business executives of the New England...more

Federal Prosecutors Charge NECC Employees with Second Degree Murder: A Shot Across the Bow to Healthcare Companies Navigating...

Federal prosecutors charged the head pharmacist and the president of New England Compounding Center (NECC), a now-bankrupt Massachusetts compounding pharmacy, with second-degree murder and racketeering in the U.S. District...more

Third Circuit Holds That Insured Must Reimburse Insurer For Litigation Costs Paid In Excess Of Sub-limit

In CAMICO Mutual Insurance Co. v. Heffler, Radetich & Saitta, L.L.P., the United States Court of Appeals for the Third Circuit recently held that a $100,000 sub-limit for claims involving employee misappropriation, misuse,...more

The Pain Drain - The Continuing Impact of Pain Management on Health-Care Providers

Over a hundred million Americans suffer from chronic pain. To combat this epidemic, health-care providers have increasingly turned to opioid analgesics. As a result, opioid analgesic use has risen dramatically over the past...more

Guilty Convictions in Salmonella Trial May Signify Landmark in Criminal Food-Safety Prosecutions

This space has thoroughly explored the various forms of civil liability food companies face for the mislabeling and/or deceptive marketing of their products. Last week, a set of landmark convictions in a criminal food-safety...more

Do Not Pass Go: Federal Judge Orders Execs Jailed for Contempt of Recall Order

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately...more

Pin the Blame on the Corporate Officer: Senators Introduce Hide No Harm Act

Three Senate Democrats recently introduced a bill that seeks to hold company executives of a product maker or seller criminally liable for knowingly "failing to inform and warn of serious dangers" associated with a product....more

Food and Beverage News and Trends

FDA clarifies its stance on cheese making. On June 13, the FDA issued a clarification stating it “does not have a new policy banning the use of wooden shelves in cheese-making, nor is there any requirement in effect...more

Auto Suppliers Prepare for Barrage of Recalls

With the recent high-profile recalls involving Toyota and GM, auto suppliers are anticipating a spike in recalls and asking themselves how to prepare for this inevitability. As a start, auto suppliers need to...more

The General Motors Scandal: Risky Issues

The GM scandal is unfolding and provides important reminders for everyone involved in compliance and how to respond to a corporate scandal....more

When Food Production Leads to Prosecution

Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained...more

Meningitis Suits Stand To Benefit From FDA Criminal Probe

Originally published in Law360, New York on October 18, 2012. If the U.S. Food and Drug Administration's recent raid of the pharmacy at the center of the ongoing meningitis outbreak leads to criminal charges, attorneys...more

Illegal Clinical Trials of Bone Cement Sends Executives to Prison

Four ex-officers of a Pa.-based manufacturer of a bone cement product were sentenced to prison for an unapproved trial that led to three deaths. Each pled guilty to a single misdemeanor count of shipping adulterated and...more

There'll Always Be Posner: Double-header

A great Chicagoan, Ernie Banks, was famous for saying “Let’s play two” – an expression of pure joy about the game of baseball. Another great Chicagoan, Judge Richard Posner, recently came out with a pair of opinions that...more

Basics of Legal Evidence

A discussion about what is legal evidence, and the threshold that must be met before a piece of evidence can be introduced in court....more

Caronia, The Latest

The moment we saw the Supreme Court’s First Amendment decision in Sorrell v. IMS Health Inc., 131 S. Ct. 2653 (2011), we knew it had implications for the FDA's suppression of truthful commercial speech concerning off-label...more

Protective Orders - Are They Enough?

When faced with the prospect of defending parallel civil and criminal proceedings, companies and their attorneys must evaluate a number of important issues to develop an effective overarching defense strategy. The reach of a...more

Japanese Litigation Update

Quinn Emanuel Foundation to Donate Towards Japan Relief: On March 11th, Japan was hit by one of the largest earthquakes ever recorded. Rescue and recovery efforts have already begun and are expected to last for months, with...more

Pfizer Agrees to First Neurontin Lawsuit Settlement

Pfizer, the manufacturer of the epilepsy medication Neurontin has been involved in many claims by plaintiffs who blame the drug for creating suicidal tendencies. One such lawsuit, by a Massachusetts’ man’s survivors, has just...more

FDA Looks to Boost Criminal Prosecutions

In the wake of a scathing March 4th GAO Report, FDA has informed Congress that it will boost criminal prosecutions of pharmaceutical and food industry executives.[1] Although the Agency's Office of Criminal Investigation...more

Las Vegas Injury Resorces Finding Speeding Crash & Safety Information

reducing crimes and crashes, is DOT's Job. Traffic enforcement is a logical rationale for a highly visible law enforcement presence in a community. Its focus on community collaboration reinforces the role that...more

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