Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Briefing
Suit Alleges Devices Faulty, FDA Standards Violated
The United States filed a complaint on June 25 in Federal Court to seize and condemn allegedly faulty patient lift devices being stored by Moving Solutions Inc., in Downers Grove, IL. The lifts, manufactured in Denmark and distributed in the United State by Moving Solutions, are mechanical sling-like devices used to lift and move patients from one place to another, as from a bed to a wheelchair. Approximately 850 of these patient lifts have been distributed to hospitals, nursing homes and private homes throughout the United States. According to the lawsuit and reports received by the FDA, one patient has died and another was seriously injured when the bolt that supports the hanger bar and the patient sling broke, dropping the patients. Moving Solutions allegedly failed to report the patient death to the FDA and violated the FDA's Quality System regulations by lacking procedures to handle complaints, and failing to verify that servicing of the product met specified requirements.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.