8th Circuit U.S. Court of Appeals

A federal judge has decided not to toss out a lawsuit about the constitutionality of Iowa’s 6-year-old “agricultural production facility fraud” statute, meaning the issue will very likely go to trial next year.

Federal District Court Judge James E. Gritzner, in a 38-page opinion, on Feb. 27 denied the crux of a motion to dismiss…

I can hear a bit of silence in the board rooms of America.

Monday the U.S. Supreme Court declined to hear the appeals of Austin “Jack” DeCoster and his son, Peter DeCoster, without comment.

egg men illustration DeCosterIn April 2015 U.S. District Judge Mark Bennett sentenced the DeCosters to prison, saying they knew or should have known about…

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. supremecourtofus_406x250On behalf of the DeCosters, Peter D. Keisler, the former acting…

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…

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…

For the first time since the U.S. Department of Justice increased filing criminal charges for food safety violations, it may get its wings clipped just a bit by a challenge to district court jurisdiction in some limited instances. At issue is a jurisdictional question being raised on appeal that could prevent some criminal charges from…