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Eighth Circuit Decertifies Class in St. Jude Heart Valve Case: Issues of Individual Causation Predominate
The Eighth U.S. Circuit Court of Appeals recently decertified a class of more than 11,000 plaintiffs in the Silzone heart valve litigation on the basis that individual questions regarding causation would predominate over any common issues related to the truth or falsity of the alleged misrepresentations. In re St. Jude Medical, Inc., No. 06-3860, 2008 WL 942274 (8th Cir. April 9, 2008) ('The need for such plaintiff-by-plaintiff determinations means that common issues will not predominate the inquiry into St. Jude's liability.').
The Silzone heart valve litigation arose after the defendant, St. Jude Medical, voluntarily recalled prosthetic heart valves due to an increased risk of paravalvular leaks. Following consolidation of more than 11,000 claims from across the country in an MDL, plaintiffs filed a consolidated complaint asserting claims for strict liability, breach of warranty, negligence, medical monitoring and violations of Minnesota's False Advertising Act, Consumer Fraud Act, Unlawful Trade Practices Act and the Uniform Deceptive Trade Practices Act. In re St. Jude Medical, Inc., No. 01-1396, 2003 WL 1589527 at * 1 (D. Minn. March 27, 2003).
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.