GlobalTort

GlobalTort

The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

Category Archives: Criminal Law and Torts

Subscribe to Criminal Law and Torts RSS Feed

Imagine Being Criminally Convicted and Jailed for Two Years Because of Acceleration Defect of a 1996 Camry

Posted in Criminal Law and Torts
Imagine being jailed for two years for a “vehicular homicide” that arose when you and your car drove into another car, causing deaths and devastating injuries. Imagine the guilt for the harm caused. Imagine the anguish of going through a criminal trial and conviction even though you and the family member passengers in your car… Continue Reading

Criminal Law and Corporate Officer Inaction as to Applying Science – The Salmonella Egg Case Highlights Some Issues

Posted in Criminal Law and Torts, Science
When are corporate officers subject to criminal convictions, and for what actions (or inaction)?  The inaction part can be the more troubling in some settings, and the issues are highlighted in the recent criminal convictions and appeal arising out of the s0-called salmonella egg cases.  A July 12, 2016 post at D&O Diary explores some… Continue Reading

Better DNA Sequencing Tools Continue to Change the Standards for Proof in Criminal Cases; Yet Another Example of Impacts from the Ongoing Revolution in Molecular Biology

Posted in Criminal Law and Torts, Litigation Industry, Science
As DNA sequencing gets better and better, it’s also improving and changing the standards for proof  in criminal law. This March 7, 2016 article from Science (a great journal) provides a science heavy update, focused on the work of a scientist who teams up with lawyers on one of the many “Innocence” projects. The work… Continue Reading

Chicago Rising to Become A New Home for Criminal and Civil Trials About High-Speed Trading and Spoofing?

Posted in Criminal Law and Torts, Litigation Industry
As businesses evolve and change, the litigation industry often evolves and changes to confront criminal, regulatory and civil law issues arising from the businesses. That outcome apparently is at work in Chicago for both criminal law and civil law related to high-speed trading, a topic covered at length by Michael Lewis in Flash Boys. As… Continue Reading

Federal Judge Hands Down 28 Year Sentence for Peanut Butter Deaths

Posted in Criminal Law and Torts, Mass Tort Issues
The much publicized peanut butter deaths (9 of them) provide another example of the intersections between tort law and criminal law. Last month, a federal judge handed down a 28 year sentence for the former CEO at sentencing after his conviction. A September 21, 2015 NPR story includes the background and video. The nutshell version… Continue Reading

When Torts Become Crimes; Six Manslaughter Convictions from a Construction Disaster

Posted in Criminal Law and Torts, Litigation Industry
The intersections continue to increase between torts and crimes, and potential defendants need to pay attention. A recent example arises from six deaths in a construction disaster. LAW360 has the story in an October 19, 2015 article.  The short version is as follows, as explained by LAW360: “Law360, Philadelphia (October 19, 2015, 2:43 PM ET)… Continue Reading

“Increasing Coordination among Federal Prosecutors, Regulators, and Civil Enforcers”

Posted in Criminal Law and Torts, Litigation Industry
Recent statements by senior people at DOJ are notable for the litigation industry. The relevant statements are set out in a July 16, 2015 article by Adam Spicer in the ABA Journal. The entire article should be read; here is the opening paragraph: “On May 19, 2015, the head of the Department of Justice’s Criminal… Continue Reading

Losing Gideon v. Wainwright – Or Was that Winning – A Look Back from the Lawyer for the State of Florida

Posted in Criminal Law and Torts, Offtopic
Representing the State of Florida, Bruce Jacob argued and lost Gideon v. Wainwright. Thereafter criminal defendants had at least some right to defense counsel. Mr. Jacob is glad he lost, and loved the experience. The story he tells is well worth reading. His telling also brings back memories of the days when lawyers were not aided… Continue Reading

Corporate Executives and Criminal Charges – Some Issues are Highlighted by an Ongoing Criminal Trial in Georgia for Alleged Evidence Cover Up Involving Peanut Related Salmonella Poisoning

Posted in Criminal Law and Torts, Crisis Management, Mass Tort Issues
When should corporate officers face criminal charges? Judge Rakoff famously commented on DOJ not indicting bankers from the 2008 financial fiasco. There also are ongoing media stories regarding GM’s ignition switch recall failures, and some related calls for new criminal laws to foster criminal charges. (see this July 16, 2014 McClatchy News article by Greg… Continue Reading

DNA Fingerprinting and Criminal Law

Posted in Criminal Law and Torts
Jennnifer Wagner at the Genomics Law Report includes a great post focused on this week’s oral argument at SCOTUS regarding DNA fingerprinting. Science keeps pushing the law. Set out below is one excerpt from the post – it goes to a key topic: how does law cope with the exponential pace of scientific change? ___________________________________________________________________________________… Continue Reading

Corporate Manslaughter Charges Invoked Against UK Mining Company

Posted in Criminal Law and Torts
UK prosecutors continue to use the nation’s relatively new corporate manslaughter statute. Fields Fisher Waterhouse issued a paper summarizing the 2007 statute and the charges recently asserted against a UK mining company. The fact pattern they describe is as follows:  "In September 2011 four men tragically died following a flash flood in a coal mineshaft in… Continue Reading

Over 2000 Exonerations in the US Based on DNA

Posted in Criminal Law and Torts
A WSJ Law Blog summary covers this study from "innocence" projects. Exonerations are being tracked in an online registry:  exonerationregistry.org. The big picture questions and outcome? They are:  "It raises the question: Just how many exonerations (due to DNA evidence or otherwise) happen in the U.S.? The answer, it turns out, is over 2,000 in the… Continue Reading

Dodd-Frank Commentary and Data on SEC Whistleblower Tips – Interesting Comments from Marcia Narine

Posted in Criminal Law and Torts
The Conglomerate includes an interesting post on Dodd-Frank, plus  SEC whistleblower statistic for the first seven weeks. The commentary is from a guest blogger, former insider lawyer, Marcia Narine, now working as a law professor. The theme of this specific post, she seconds the view that the current crisis has been wasted due to less… Continue Reading

First Conviction for Corporate Manslaughter under the UK’s Corporate Manslaughter and Corporate Homicide Act 2007

Posted in Criminal Law and Torts
The UK has now seen its first criminal conviction of a corporation for homicide. CMS Cameron McKenna  provides the story in an article here at Mondaq.  The defendant company, a small entity with only 8 employees, "was convicted of the offence of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007.  The conviction by jury follows… Continue Reading

Spain Implementing Corporate Criminal Liability for Environmental and Other Crimes

Posted in Criminal Law and Torts
Like other EU countries, Spain is implementing a wider range of criminal sanctions for corporate misdeeds, including "environmental" crimes.  This NLJ article provides a broad overview.  For some deeper background, see this 2002  Maastricht summary of criminal law in Europe with respect  to environmental issues. Environmental justice also is a growing topic for legal education, as described here.… Continue Reading

Innovative Legal Partnering to Prosecute Public Corruption in Guatemala

Posted in Criminal Law and Torts
Public government corruption surely is one of the most venal of all misdeeds.   A weekend NYT article by Elisabeth Malkin covered in brief an interesting story regarding an innovative  UN project to root out public corruption and organized crime in Guatemala through a prosecution partnership known as CiCig. The program is detailed in full at the CiCig… Continue Reading

Boeis Schiller Enters the Fray Against Chiquita – Joinder of Criminal Law and Tort Law Issues

Posted in Criminal Law and Torts
This AmLaw article by Alison Frankel details Boeis Schiller & Flexner  joining the fray in tort claims arising from Chiquit’as admitted payments to a terrorist group. The article includes a link to the undelrying complaint. It alleges a series of illegal payments, Chiquita’s guilty plea, and  claims that the payments  resulted in deaths and injuries to clients. Set… Continue Reading

Eternit Asbestos Cement Manufacturing Plants – Ongoing Criminal Law Scrutiny in Italy and Pakistan Regarding Conditions

Posted in Criminal Law and Torts
If you think Toyota is having a bad year, think about Eternit entities and its executives (not all are Eternit entities are presently related).   The long arm of criminal law continues to reach out and touch Eternit entities.  In Italy, trial goes forward in a week on thousands of criminal charges arising from deaths and… Continue Reading

Comments on Investment Bankers Facing Criminal Trial In Italy for Allegedly Fraudulent Sales of Derivative Contracts to Italian Municipalities

Posted in Criminal Law and Torts
From the WSJ, word of an upcoming  criminal fraud trial in Italy against investment bankers selling derivatives to municipalities. Some points to consider. The Italian system allows one trial to include both criminal charges and civil claims.  And, Italian law is explicit that criminal sanctions may be lessened if restitution is paid to victims. Also, the trials often proceed in phases and… Continue Reading

Google Executives Suffer Criminal Convictions In Italy for Internet Publishing

Posted in Criminal Law and Torts
In Italy, criminal prosecutions are fairly often used for situations that likely would not be treated  as criminal law issues in the US.  For example, here is a brief post  from Brian Leiter that links to an NYT article regarding criminal convictions suffered in Italy by three Google executives. The convictions arose from invasion of priviacy… Continue Reading