What is the test for a sanction in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from U.S. v. $2,500 in U.S. Currency, 689 F.2d 10 (2nd Cir. 1982):
(w)hether the sanction involves an affirmative disability or restraint, whether it has historically been regarded as punishment, whether it comes into play only on a finding of scienter, whether its operation will promote the traditional aims of
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Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69, 83 S.Ct. 554, 567-68, 9 L.Ed.2d 644, 661 (1963) (footnotes omitted).
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