Products Liability Criminal Law

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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

Bernstein Shur Business and Commercial Litigation Newsletter #38

We are pleased to present the 38th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent convictions in the Madoff scandal, class action litigation against General Motors...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

U.S. Government’s Use of the "Park Doctrine" to Police Pharmacies

The U.S. government may be resurrecting the "Park Doctrine" as a tool to prosecute the owners of pharmacies for federal Food, Drug, and Cosmetic Act (FDCA) violations. In United States v. Park, 421 U.S. 658 (1975), the U.S....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 to Increase Criminal Prosecution of Corporate Officials in the Pharmaceutical Industry

In a recently released letter to U.S. Sen. Chuck Grassley (R-Iowa), the Government Accountability Office (GAO) reported the results of its study into the Food and Drug Administration's (FDA) criminal investigation of...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

How Hard Should It Be to Imprison Someone For Telling The Truth: FDA Advertising Regulation Enforcement by Frederick R. Ball, Erin...

The past two decades have seen a flurry of enforcement activity surrounding pharmaceutical companies’ promotion of their drugs for uses other than those approved by the Federal Food and Drug Administration (FDA)—so-called...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

National Highway Traffic Safety Administration Speed Laws, Includes Nevada Speeding Law

Las Vegas Nevada Tickets Speed Law Reserch< statutes or regulations that are concerned with either speed limit or speed-related violations. Local laws are not reported. Unless otherwise indicated, the status of the...more

Virtual Forensic Animation at Trial

Discusses how virtual forensic animation can be used at trial to effectively communicate just what happened and let jurors see with their own eyes. Three experienced ASTC-member trial consultants react and the author...more

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