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· 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).

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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.