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Egg men get extra time to file for review with Supreme Court

Justice Samuel Alito has extended the filing deadline for a petition for a writ of certiorari in the appeal of jail sentences for one-time egg producers Austin (Jack) DeCoster and his son Peter DeCoster. Alito set Jan. 10, 2017, as the new deadline for the DeCoster’s attorney, Peter D. Keisler, to file the writ with the… Continue Reading

Supreme Court might want to hear DeCoster egg sentence case

A timely petition for certiorari is going to keep Austin “Jack” DeCoster, 82, and his son, Peter DeCoster, 52, out of jail, at least for several more months while the U.S. Supreme Court decides if it is interested in their case. The high court is being asked to decide if a corporate official without specific… Continue Reading

DOJ is OK with Supreme Court review of DeCoster sentences

Government attorneys who just days ago were on the verge of sending Austin “Jack” DeCoster and his son Peter DeCoster to federal prison have now agreed the egg men should remain free long enough to allow the U.S. Supreme Court to consider the case. On behalf of the DeCosters, Peter D. Keisler, the former acting Attorney… Continue Reading

Government gets extra time to respond on DeCosters’ rehearing

The 8th U.S. Circuit Court of Appeals wants the government to have sufficient time to respond before it decides whether to grant a rehearing on the jail sentences for 82-year-old Austin “Jack” DeCoster and his 53-year-old son Peter DeCoster, the egg men implicated in a nationwide Salmonella outbreak in 2010. Once the U.S. Department of Justice’s… Continue Reading

Odds could favor DeCosters’ desire for review of egg sentence

As legal experts were predicting, the appellant attorney for Austin “Jack” DeCoster and Peter DeCoster got a deadline extension in his quest to obtain another review of the pair’s sentences in a case about the 2010 Salmonella outbreak linked to their eggs. Attorney Peter Keisler of the Washington D.C. firm of Sidley & Austin is representing… Continue Reading

Judges grill both sides in DeCosters’ egg sentence appeal

Two of three judges hearing appeals of the jail sentences handed down to Austin “Jack” DeCoster and Peter DeCoster sounded uncomfortable yesterday with the concept of sending corporate officials to prison for a so-called strict liability case. Lawyers were left arguing whether “this case is that case” or whether, as Department of Justice (DOJ) attorney… Continue Reading

Top Appellate Lawyer Will Try and Keep the DeCosters From Going to Jail

Whether Austin “Jack” and Peter DeCoster can be jailed under Park Doctrine prosecutions — meaning where the government did not have to show they had any knowledge or intent, let alone negligence, regarding food safety infractions involving their businesses — will get a big test starting Monday in St. Louis. The opening briefs from the defendant appellants… Continue Reading

Defense Secret: How to Keep ‘Jack’ DeCoster Out of Jail

America’s former egg king is not going to jail, according to his defense attorneys from Sidley Austin LLP in Washington, D.C. Attorney Frank R. Volpe has filed a motion on behalf of Austin (Jack) DeCoster in U.S. District Court for Northern Iowa, with a mostly secret legal argument claiming that, if the 71-year-old defendant is… Continue Reading