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Park Doctrine

Still time for the 9th and 10th justice to weigh in on DeCoster appeal

Getting your case heard by the U.S. Supreme Court is a lot like winning an Academy Award for your latest movie.  You need to take advantage of any time you have and then go about creating “a buzz” just ahead of the voting. Whether Austin “Jack” DeCoster, son Peter DeCoster, and their prestigious legal team… Continue Reading

Controlling bad eggs — on the farm and in the C-Suite

Contributed

Editor’s note: This column by Tommy Tobin was first published by the Minnesota Journal of Law, Science & Technology at the University of Minnesota Law School. Food can — and all too often does — make people sick. Anyone who has suffered from foodborne illness would be unlikely to want to repeat the experience. The… Continue Reading

DeCosters gain another ally as government gets more time

The Supreme Court has granted the government an extra 30 days to respond to request that the high court review a ruling by the 8th U.S. Circuit Court of Appeals that upheld three-month sentences for two former egg executives who were linked to a massive Salmonella outbreak. The new deadline for the Office of the Solicitor General to… Continue Reading

U.S. Supreme Court asked to review DeCoster v. U.S.

A writ of certiorari has been filed with the U.S. Supreme Court, requesting the high court review DeCoster v. United States. The government has until Feb. 15 to respond the writ. Appellate attorney Peter D. Keisler asks in the writ that the Supreme Court consider the case because a ruling by the 8th U.S. District Circuit… Continue Reading

Not a lot standing between egg man Jack DeCoster and jail

The sole question remaining before the 8th Circuit Court of Appeals is whether the federal jail sentences imposed on Austin “Jack” DeCoster and Peter DeCoster are lawful in light of the findings at sentences. In a newly filed response to the DeCosters’ request for a rehearing on their three-month sentences, government attorneys say the sentences… Continue Reading

DeCoster attorney requests rehearing on sentences for egg men

A federal appeals court decision that upheld jail sentences for two men whose eggs caused a huge Salmonella outbreak is in conflict with the U.S. Supreme Court’s Park Doctrine, every prior decision applying the doctrine, and every prior appellate opinion on whether Due Process allows prison sentences for vicarious liability crimes, according to the egg men’s lawyer. That… Continue Reading

Letter From the Editor: Can Strict Liability Crime Mean Jail Time?

Opinion

Here are a couple of legal concepts to get your head around before we continue: The Park Doctrine: Also known as the “Responsible Corporate Officer (RCO) Doctrine,” it allows a corporate officer, who in a position to prevent or correct a violation of the Food, Drug, and Cosmetic Act (FDCA) but who fails to do so,… Continue Reading

Written Arguments Submitted in DeCoster Appeal of Jail Time

The U.S. Court of Appeals for the Eighth Circuit in St. Louis has received the final reply brief filed on behalf of Austin (Jack) DeCoster and his son, Peter DeCoster, by their legal team led by Peter D. Keisler. Keisler and his colleagues from the prominent Washington, D.C., law firm of Sidley Austin LLP, are… Continue Reading