· 9/13/2023
Weiss v. Vacca
Citations
- 2023 NY Slip Op 04613
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that duress requires a showing that there was no opportunity to refuse the criminal act and avoid the threatened harm
- holding that the Food, Drug and Cosmetic Act imposed “a duty to implement measures that will insure that violations will not occur”
- holding that an executive who failed to remedy a contamination-causing rodent infestation in his company's food warehouse could be held criminally liable without proof of mens rea
- indicating that “ ‘a single instruction to a jury may not be judged in artificial isolation, but must be viewed in the context of the overall charge’ ” (citation omitted)
- explaining that corporate officers may be held liable for failing to \devise whatever measures are necessary to ensure compliance with the [FDCA]\
- explaining that, by the same logic, a defendant’s “powerlessness” to prevent or correct the violation may be raised as a valid defense
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.