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Medical Monitoring Class Actions: Challenging Certification By Challenging the Proposed Medical Monitoring Program
Plaintiffs often seek damages for medical monitoring in class action lawsuits involving exposure to toxic substances. Medical monitoring funds provide compensation for the cost of periodic diagnostic tests and medical examinations. Plaintiffs often claim such checkups are medically necessary to monitor their health, facilitate early diagnosis, and improve treatment of potential future diseases. Federal district courts, however, have recently denied class certification in instances in which the plaintiffs sought medical monitoring, citing causation issues better addressed on an individual basis. The Appellate Division of the New Jersey Superior Court has begun to follow suit.
A pharmaceutical manufacturer was successful in decertifying a class action for medical monitoring in a recent product liability case in Florida. In Wyeth v. Gottlieb, 930 So. 2d 635 (Fla. Dist. Ct. App. 3d Dist. 2006), the Third District Court of Appeal held that individual causation issues predominated over common ones, since the plaintiffs had different levels of exposure, different sources of information, and different risk factors for breast cancer and cardiovascular disease.
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.
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.
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.