Oooo, the Claw Cross-posted by Forbes.com at WLF’s contributor page In a July 2011 Legal Pulse post, SEC to Join HHS in Effort to Drop the Claw of Strict Liability on Business Managers, we decried the federal punishment of business executives based solely on their status, rather than on whether they actually violated the law. Such [...]
Posts Tagged ‘fraud’
SEC’s Strict Liability Claw Strikes Again
Posted in Criminalization of Free Enterprise, Regulation of Free Enterprise, tagged fraud, SEC on February 6, 2012 | Leave a Comment »
Second Circuit Ruling: All Is Not Lost for Chevron in Ecuador Battle
Posted in Civil Justice & Litigation, Environmental Law & Regulation, tagged environment, fraud, litigation, litigation industry on January 27, 2012 | Leave a Comment »
Cross-posted by Forbes.com at WLF contributor site Chevron Corp. suffered a setback yesterday in its efforts to prevent enforcement of a $17.2 billion judgment issued by an Ecuadorian court based on charges that Chevron is responsible for environmental damages in the Ecuadorian Amazon. The U.S. Court of Appeals for the Second Circuit in New York [...]
Michigan’s Balkanizing Bottle Redemption Law Treads on Commerce Clause
Posted in Regulation of Free Enterprise, U.S. Supreme Court, tagged fraud on December 13, 2011 | Leave a Comment »
NBC-Universal Cross-posted by Forbes.com on WLF’s Contributor Page For those who, like me, spent much of the 1990s watching Thursday night’s “must see TV,” much of what happens in our lives can be related to an episode of “Seinfeld.” Sometimes, the same can even be said about legal policy disputes. The U.S. Court of Appeals for [...]
Securities Fraud Suit Collapses Under the Weight of the Truth
Posted in Civil Justice & Litigation, tagged abusive litigation, fraud, litigation industry on March 28, 2011 | 2 Comments »
Much to the chagrin of plaintiffs’ lawyers, federal law requires that a judge dismiss a securities fraud class action if the complaint doesn’t include “particularized facts giving rise to a strong inference of intent to deceive by each defendant.” One tactic of recent vintage that securities fraud lawyers utilize to keep their suits alive is to claim [...]
Asbestos Lawsuits as Racketeering Scheme? – Court Allows Company’s RICO Suit to Proceed
Posted in Civil Justice & Litigation, tagged abusive litigation, fraud, junk science, litigation industry on January 5, 2011 | Leave a Comment »
Cross-posted by Forbes.com at “On the Docket” For almost four decades, lawsuits alleging harm from asbestos have been filed against everyone from the product’s original manufacturers to general retailers like Sears. Billions of dollars have been paid out from settlements and verdicts. Scores of companies have been driven into bankruptcy. Lobbyists for plaintiffs and defendants have put generations [...]
Certification Certitude: The Fifth Circuit Rejects Broad False Claims Act Liability Theory
Posted in Civil Justice & Litigation, Health Care, tagged False Claims Act, fraud on November 16, 2010 | 1 Comment »
Guest Commentary Robert T. Rhoad and Jonathan R. Cone, Crowell & Moring Did you hear that? It was a collective sigh of relief from companies contracting with the federal government thanks to the U.S. Court of Appeals for the Fifth Circuit’s decision in United States ex rel. Steury v. Cardinal Health, Inc. In Steury, the [...]
Federal Judge Sanctions Securities Fraud Class Action Firms
Posted in Civil Justice & Litigation, tagged abusive litigation, fraud on October 12, 2010 | 1 Comment »
Cross-posted at Forbes.com’s “On the Docket” Two elite plaintiffs’ law firms learned recently that in securities fraud class action litigation, the cost of failing to quit while you are behind can be very high. In a September 20 opinion in In re Star Gas Litigation, federal Judge Janet Bond Arterton deployed a little-used section of the Private Securities [...]
Brief Video Notes SEC’s Expanded Enforcement Responsibilities Under Dodd-Frank Law
Posted in Regulation of Free Enterprise, tagged crime, fraud, LegallyBrief, SEC on September 8, 2010 | 1 Comment »
Thomas O. Gorman, the commentator on this video, authors the blog SEC Actions and is a partner at Porter Wright Morris & Arthur LLP.
Finger on the Pulse: From Our Blogroll and Beyond
Posted in Civil Justice & Litigation, Criminalization of Free Enterprise, Environmental Law & Regulation, Preserving Innovation/Intellectual Property, Regulation of Free Enterprise, tagged abusive litigation, crime, DOJ, FDA, fraud, off-label, patents, SEC on July 23, 2010 | Leave a Comment »
Blatantly obvious headline of the week: “New Financial Reform Bill May be Boon For Lawyers” (The Legal Intelligencer); in case you don’t believe us see here (MyCorporateResource.com) for avalanche of law firm memos. Piggy-back lawsuit on federal “off-label promotion” allegations tossed out of court (Consumer Class Actions & Mass Torts) FDA wants your thoughts on [...]
Strict Liability Crimes for Managers – An Impossible Situation?
Posted in Criminalization of Free Enterprise, Health Care, tagged fraud, Web Seminar on April 14, 2010 | 1 Comment »
A $250 fine and 60 days probation. Almost seventy years ago, that was the punishment drug company president Joseph Dotterweich received when the U.S. Supreme Court upheld his strict vicarious liability sentence for the company’s shipping of adulterated products. Today, health care company managers can be fined millions of dollars and have their careers ended through exclusion from participating [...]
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