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Third-Party Asbestos Decisions: The Impact of Relationships And Public Policy Concerns
A recent decision by the Michigan Supreme Court has provided more clarity about how a state court is likely to rule in asbestos cases alleging third-party liability. States appear to be looking more to the nature of the relationship between the plaintiff and the defendant. It is also becoming increasingly apparent that state courts are likely to see a spate of third-party asbestos liability cases.
In July, the Michigan Supreme Court found that Ford Motor Company owed no duty to the plaintiff ' a woman who allegedly contracted mesothelioma by washing her stepfather's clothes in the late 1950s and early 60s. In the process, the court further demonstrated that a state's reliance on relationship as opposed to foreseeability is a major determinant for whether a premises owner owes a duty to a third party. The court also cited the nation's growing litigation 'crisis,' which the U.S. Supreme Court has termed the alarming increase in asbestos-related cases, as a basis for its decision.
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.
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.
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.