Zucker v. Consumer Products Safety Commission

Case Updates

Parties settled the case.

In its brief, the U.S. Chamber asked the Maryland District Court to deny the United States Consumer Product Safety Commission’s (“CPSC”) motion to dismiss and review the “responsible corporate officer” doctrine, which imposes individual liability against a company’s officers for the company’s responsibilities. The brief argues that the Court’s review of the “responsible corporate officer” doctrine is vital in order to establish better-founded support and guiding principles for agency use of the doctrine and diminish the potential of an agency overstep its boundaries. The brief points out that personal liability was traditionally reserved for extraordinary situations, however agencies have begun to rely on the doctrine more and more to impose onerous punishments without actual proof of criminal conduct or intent.

Heather Mowell, Carl Nichols, Elisabeth Cook, and Daniel Aguilar of WilmerHale represented the U.S. Chamber of Commerce as co-counsel to the National Chamber Litigation Center in this case.