Tag: marler

Future of Food Litigation and Obama’s Food Safety Working Group

President Obama’s Food Safety Working Group announced its Key Findings on July 7. Three groups of initiatives were announced: 1) Salmonella, 2) National Traceback and Response System, and 3) Improved Organization of Federal Food Safety Responsibilities. All of these represent major shifts in food policy. Coming changes will impact nearly every part of the nation’s food … Continue Reading

ACI Announces 3rd National Forum on Food-Borne Illness Litigation

The American Conference Institute announced this week its latest food litigation conference. Here’s the conference brochure. The conference will take place in Chicago on October 26-27 at the Sutton Place Hotel. Plaintiffs’ lawyer Bill Marler and defense lawyer Al Maxwell are co-chairing the conference. This year promises a greater variety of presentations by in-house food … Continue Reading

Avoid Unnecessary Labeling Claims – Ensure That Cooking Instructions Are Adequate

Bill Marler funded independent research at the University of Idaho to study the adequacy of cooking instructions found on the packaging on various retail brands of frozen ground beef patties. The research was published this month in Food Protection Trends. The study found that three of the packages included cooking instructions that “would be inadequate … Continue Reading

Liability Limits: How Much Should Your Food Company Maintain?

Food business clients frequently want to ensure that they have sufficient liability limits in the event of an outbreak (they also want to make sure they have adequate coverage, but this is a separate discussion). Determining the amount of a business’s limits depends on the business’s possible exposures. No one-size-fits-all formula is available. Every business … Continue Reading

Tips For Successful Multiparty Food Liability Mediation

Mediation has become a critical process for resolving large, multi-party consumer claims. Settlement of these claims is often complicated by insurance and third-party recovery. Often a brokered process is the only practical way to get to a meeting of the minds. Yet, in my experience mediations that can succeed fail because of the lawyers and mediators. Having been … Continue Reading

Nebraska Governor’s Conference on E. Coli

The third annual Nebraska Governor’s Conference on Food Safety Issues related to E. coli is May 5-7 in Lincoln, Nebraska. Together with Bill Marler, I have been invited to speak to agricultural stakeholders about legal issues and ramifications of Shiga toxin-producing E. coli outbreaks. In the past, the emphasis for this conference has ranged from … Continue Reading

PCA Recall – Insurance Lessons for Food Sellers

Bill Marler posted on his blog recently a complaint for declaratory relief filed by an insurer for Peanut Corporation of America (“PCA”). Mr. Marler comments, “Frankly, I read this suit several times and still do not see what the fight is about.” For those who represent commercial insureds in pursuing coverage from their insurers, the suit … Continue Reading

Irradiation as a Part of Food Safety Reform?

In the wake of the latest Salmonella recall, Congress is holding well-publicized food safety hearings, and food safety may be rising on the priority list of the Obama administration. One question that arises is whether the perceived crisis in food safety will lead lawmakers and the public to revisit the option of food irradiation. The … Continue Reading

Some In The Plaintiffs’ Bar Favor Irradiation

As previously discussed on this blog, the FDA recently approved irradiation for iceberg lettuce and spinach. We pointed out  that "irradiation may provide an added level of protection from food-borne illnesses such as salmonella and E. coli. When used in combination with other state-of-the-art food handling practices, irradiation should dramatically reduce the chances of transmitting … Continue Reading
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