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The Political Question Doctrine: An Unusual (and Unused) Path to Dismissal of Product Liability Suits
As litigation grows more complex, the costs of defending tort lawsuits continue to rise. Defendants frequently settle such cases, not to avoid potential liability, but to avoid the high costs of discovery and other litigation expenses. Motions for summary judgment reduce those costs, but only to a certain degree. Consequently, defendants in tort suits are constantly searching for strategies and defenses that will result in dismissals early in the litigation. One such defense is the 'political question' doctrine, a longstanding legal principle that has enjoyed a resurgence in recent years.
In brief, the political question doctrine directs courts to dismiss cases that raise inherently 'political' issues; that is, issues that are beyond the competence of the judiciary to decide, or which are committed to the elected branches of government. The doctrine most frequently arises in cases that involve key government interests such as national security and foreign relations. However, the government does not have to be a party to the suit for a political question to arise. The doctrine has been applied successfully in product liability suits and other claims against private defendants.
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.