But the Justice Department is bringing the case under the Medical Care Recovery Act, which provides for direct recovery of damages against any third party that can be shown to have caused Medicare costs to increase.

ECONOMIST: Everybody’s butt | The

Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

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Since Delaware law indemnifies company officers from paying most civil damages, they are rarely exposed to the direct cost of shareholder litigation anyway.

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