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Recent Case Law Developments: Product Defect Claimed in Atkins Case; Burden of Removal under CAFA
This article discusses two interesting developments in recently published decisions. The Gorran case involves litigation over allegedly harmful consequences of following the well-known 'Atkins' Diet.' As will be seen, an attempt to structure the claim within product liability doctrine posed a big challenge. The Blockbuster decision answers a key question in light of new federal legislation, popularly called 'CAFA' (Class Action Fairness Act of 2005), which was intended to enhance removal of certain class actions from state to federal courts. The question is, who has the burden of proving CAFA's jurisdictional requirements: the defendant trying to stay in federal court or the plaintiff trying to send the case back to state court?
Gorran v. Atkins Nutritionals, Inc.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.