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Case Notes
Claims of Negligence and Failure to Warn Were Time-Barred
In Morgan v. Abco Dealers Inc., 01 Civ. 9564, S.D.N.Y., Dec. 11, 2007, Plaintiff, a hospital's nurse since 1990, was diagnosed with Type I, Type IV, and Class V allergic sensitivity to latex. After she claimed disability in 1999, a doctor conducting a June 14, 1999, independent medical examination opined that the plaintiff could only return to work in a 'latex-free' environment. Defendant Abco Dealers Inc., a buying cooperative of medical device distributors, sought dismissal of plaintiff's Oct. 30, 2001 product liability action alleging, among others, negligence and failure to warn. The court partly denied Abco's motion for summary judgment on claims that plaintiff's action was untimely and federally preempted, and that it did not make express warranties to plaintiff. In deeming her negligence, strict liability, and failure to warn claims time-barred, the court ruled that Abco proved that plaintiff first learned of her injury when diagnosed with an allergy to powdered gloves on Sept. 29, 1995. Also the Medical Device Amendments of 1976 preempted her breach of warranty claims as to gloves sold by Abco beginning on Sept. 30, 1998.
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.