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On July 10, the U.S. Senate killed legislation that sought to limit non-economic damage recoveries in medical malpractice suits to $250,000. It would also have capped punitive damages at the greater of $250,000 or twice the amount of economic damages. The vote was 49-48, with Republicans largely favoring it and Democrats opposing it. President Bush, who was pushing for passage of the bill, stated after the vote that he was dismayed by the outcome because access to quality health care is being jeopardized by frivolous lawsuits. The bill was similar to one passed by Congress earlier this year.
New Jersey Plaintiffs Lose Right to Interest
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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 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.
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.
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This article explores legal developments over the past year that may impact compliance officer personal liability.