The Supreme Court will not hear the most important Park doctrine case in over 40 years. In DeCoster v. United States, the DeCosters appealed their convictions under the Responsible Corporate Office doctrine, commonly referred to as the Park doctrine, because they did not have “actual knowledge” that their egg distribution company sold eggs contaminated with salmonella. The DeCosters presented two arguments in their cert. petition, (1) their convictions and three month prison terms were based on vicarious liability and violated due process, and (2) the Supreme Court should overrule the Park doctrine altogether because anyone in the chain of command faces criminal liability.
Until another case tests the limits of the Park doctrine – or another Court of Appeals conflicts with the Eighth Circuit’s holding – the Supreme Court’s decision not to review DeCoster means executives in the food and drug industries may still face imprisonment for supervisory lapses.