Questions Of Culpability After 8th Circ. Egg Exec Decision

Law360, New York (August 1, 2016, 2:04 PM EDT) -- Bethany J. Hills

Benjamin M. Zegarelli On July 6, 2016, the Eighth Circuit upheld prison sentences for two food establishment executives in United States v. DeCoster, which could end up being one of the most significant Park doctrine cases since United States v. Park, itself. The circuit's ruling explored the boundaries of the Park doctrine, also known as the "responsible corporate official" (RCO) doctrine, with respect to the level of culpability of top executives at a company that violates the Food, Drug and Cosmetic Act (FDCA).

All three judges wrote separate opinions — a majority opinion, a concurrence, and a dissent...

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