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Criminal Law Products Liability

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Anatomy of a Price Gouging Case

by Carlton Fields on

Severe and sustained drought conditions in Florida have sparked large wildfires across the state. With thousands of acres that have already burned, and more than 100 active wildfires, Florida Governor Rick Scott recently...more

City and Police Officer Victorious in Malicious Prosecution and Seizure Case

by Best Best & Krieger LLP on

Best Best & Krieger LLP attorneys Christopher Pisano and Dana Vessey prevailed on a motion for summary judgment on behalf of the City of Colton and one of its police officers in a case that stemmed from a complicated story...more

FDA Checks Reveal Stores Illegally Sell Tobacco to Minors

The U.S. Food and Drug Administration’s crackdown on Big Tobacco continues. The agency sent warning letters to 55 point-of-purchase locations that sell cigarettes and related products in an effort to underscore newly passed...more

Has the Ninth Circuit Criminalized Malpractice, Adulteration, and Off-Label Use?

by Reed Smith on

Tell us that that the feds prosecuted a doctor for using a medical device off-label, and the hairs on the back of our neck start to rise and do the samba. After all, off-label use can be good medicine, even the best. Then...more

Responsible Corporate Officers’ Jail Sentences Upheld in Selling Contaminated Eggs

by Michael Volkov on

In an important decision, on July 6, 2016, the Eighth Circuit Court of Appeals affirmed the prison sentences imposed on Jack DeCoster, and his son, Peter, under the “responsible corporate officer” doctrine (aka Park doctrine)...more

The Supreme Court - June 2016 #7

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

Maker of dirty medical device hit with $623 million in penalties for kickbacks

Can the sleaze get any worse with the maker of a dirty medical device that investigators say sickened dozens and played a role in killing 21? Sadly, it can. Federal prosecutors say that the maker of a flexible scope used in...more

Podcast - Food Industry Needs to Take Product Safety More Seriously - Or Pay

by Pepper Hamilton LLP on

There have been a number of examples lately of the U.S. Justice Department investigating and prosecuting the food industry on their product safety measures. The latest examples making headlines include Chipotle Mexican Grill...more

Criminal negligence causing death charge against auto mechanic reinstated by appeal court

by Dentons on

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a “significant...more

New Health and Safety Sentencing Guideline comes into Force

by Dentons on

The definitive guideline on Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences (the Guideline) was published on 3 November 2015 and comes into force for all matters sentenced on or after 1...more

Addressing Adulterated Food Risk

by McGuireWoods LLP on

As we enter 2016, adulterated food-related investigations are leading the headlines—and should be leading companies in the food and beverage industry to ask what they can do to prevent and prepare for a potential outbreak on...more

Lawsuit “Immunity” for the Gun Industry and What the PLCAA Really Says

by Williams Mullen on

Do gun manufacturers really have blanket immunity from lawsuits? No, not even close. The 2016 campaign season has brought a big dose of gun policy debate, and some candidates have claimed that gun manufacturers have...more

First Amendment Follow-Up

by Reed Smith on

The other day, we posted about, inter alia, the Department of Justice’s proposed jury instruction, in the Vascular Solutions case in Texas conceding the legality of truthful off-label promotion. In that post we asked, “Has...more

New sentencing guidelines for health and safety, corporate manslaughter, food safety & hygiene offences

by DLA Piper on

On 3 November 2015 the Sentencing Council published the long awaited Definitive Guideline for the Sentencing of Health and Safety, Corporate Manslaughter and Food Safety and Hygiene offences. For the first time, courts in...more

The Internet of Things and the Inevitable Collision with Product Liability PART 4: Government Oversight

by Wilson Elser on

The exponential growth of the Internet of Things (IoT) is far outpacing the ability of stakeholders to address safety standards and security concerns. This is not unusual as rapidly developing technology often challenges...more

Pay Attention to the Man Behind the Curtain: DOJ Memorandum Adds Further Weight to CPSC Enforcement Efforts Against Corporate...

by Morrison & Foerster LLP on

The United States Department of Justice (DOJ) recently issued a memorandum to various enforcement agencies. The memorandum, available here, focuses on holding individuals accountable for corporate fraud and misconduct. The...more

Tobacco Companies and 20 million Deaths — Without criminal penalty

Before its civil war began in 2011, Syria had a population of 23 million people. In the ensuing four years, 11 million Syrians have died or fled their homes, and nearly four million of Syria’s citizens fled the country...more

CEO Conviction Aligns With Trend of Aggressive Foodborne Illness Prosecutions

by Faegre Baker Daniels on

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

by McGuireWoods LLP on

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

by Carlton Fields on

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

by King & Spalding on

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

by Foley Hoag LLP on

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...

by Foley & Lardner LLP on

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

by Ellis & Winters LLP on

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

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