News Archive
Marler Clark has published 5,679 articles about foodborne illness outbreaks and lawsuits.
April 06, 2008 • Publications
Intentional Contamination: The Legal Risks and Responsibilities
Denis Stearns wrote this article for the Journal of Environmental Health. In the article, Mr. Stearns addresses who is legally responsible for injuries sustained after a person becomes ill after consuming a product that was intentionally contaminated before it was purchased. He wrote: Beyond the political implications of the use …
April 06, 2008 • Publications
Food Safety and the CEO: Keys to Bottom Line Success
William Marler's article for the October/November 2007 issue of Food Safety Magazine begins, "Foodborne illness has, of course, been around as long as there has been food. But the identification and diagnosis of these diseasesis an emerging science that is changing all sectors of the food business, and those chief …
April 06, 2008 • Publications
It's Not Just Montezuma's Revenge Anymore . . .
Dave Babcock wrote this article, which was published in the November, 2007 issue of the Journal of Environmental Health. The article begins, "ast night you attended a catered function for your favorite charity. Now, 24 hours later, you are feeling less than charitable. In the past hour, you have vomited …
April 06, 2008 • Publications
Class Action Foodborne-Illness Claims
Published in the Journal of Environmental Health, Andy Weisbecker's article focuses on the elements of a class action lawsuit, certification of a class, and gives reasoning to the decision behind bringing individual lawsuits on behalf of victims of foodborne illness: Because individuals injured in a foodborne illness outbreak sustain varying …
April 06, 2008 • Publications
Alumni at the forefront of food poisoning litigation at Marler Clark
Lawyer, the Seattle University School of Law publication, featured Marler Clark in the summer 2007 issue of the magazine. In an Alumni Profile piece, Richard Farr focused on Marler Clark's food litigation, and the firm's ties to Seattle University. Partners Bill Marler and Bruce Clark both graduated from the Seattle …
April 06, 2008 • Outbreaks
Cryptosporidiosis: A Recreational Water Threat That Hasn’t Gone Away
An article written by Bruce Clark for the Journal of Environmental Health that focuses on recreational water safety and the Cryptosporidiosis outbreak at the Seneca Lake State Park spraypark in 2005. He writes, "Given the poor public recognition of crypto symptoms, the likelihood that an infected person will be promptly …
April 06, 2008 • Publications
A Legal History of Raw Milk in the United States
Marler Clark partner Andy Weisbecker began his article for the Journal of Environmental Health with a quote from Winston Churchill: “There is no finer investment for any community than putting milk into babies.” He then continued with an account of milk safety and the laws and regulations that have evolved …
April 06, 2008 • Outbreaks
Legal Implications of Zoonotic-Disease Outbreaks at Petting Zoos and Animal Exhibits
E. coli O157:H7 outbreaks associated with attendance at fairs and petting zoos garnered significant media attention in recent years after outbreaks were traced to fairs in Oregon, North Carolina, Texas, and Florida. In this article written by attorney Dave Babcock for the November, 2006 issue of the Journal of Environmental …
April 06, 2008 • Publications
Searching for the Source: One Family’s Story
Marler Clark epidemiologist Patti Waller and Barbara Kowalcyk, whose son Kevin died after contracting an E. coli infection in 2001, co-wrote this article for the January/February 2006 issue of the Journal of Environmental Health. It describes the Kowalcyk family's struggle to find the source of Kevin's illness and public health …
April 06, 2008 • Publications
The Use of Public Health Documents in Foodborne-Illness Litigation
Attorney Dave Babcock authored this article, which appeared in the September, 2006 issue of the Journal of Environmental Health. How public health documents are used in foodborne illness litigation is a popular topic among environmental health and health department audiences, and this article provides background for all public health audiences …
April 06, 2008 • Publications
Where’s the Meat? The Need for Full Public Disclosure in Meat Recalls
Epidemiologist Patti Waller and attorney Denis Stearns wrote this column for the Journal of Environmental Health's June 2006 issue. The article focuses on the USDA's proposed rule on changing policy regarding public disclosure of the names of retail outlets that received potentially contaminated meat during a meat recall. The authors …
April 06, 2008 • Publications
The Legal Implications of 'Toxic' Mold Exposure
A column written by Marler Clark associate Dave Babcock, which appeared in the April issue of the Journal of Environmental Health. The column includes a discussion of what toxic mold is, where exposures are occurring, legal claims resulting from mold contamination, and how to prevent mold exposure. It ends with …
April 06, 2008 • Publications
"A Future Uncertain: Food Irradiation from a Legal Perspective"
Marler Clark principal Denis Stearns wrote this chapter for the Institute of Food Technologists' book, Food Irradiation Research and Technology. The book's publisher states: Food Irradiation Research and Technology appeals to a broad readership: industry food scientists involved in the processing of meat and fish, fruits and vegetables; food microbiologists …
April 06, 2008 • Outbreaks
Recouping the Costs of Outbreak Investigations and Prevention
Marler Clark associate attorney Dave Babcock wrote an article on whether Environmental Health Agencies and Health Departments should seek reimbursement for costs involved in outbreak investigations and prevention in an article for the January/February 2006 Journal of Environmental Health. In the article, he addresses two key issues that influence a …
April 06, 2008 • Publications
Tracing Mad Cow Makes Litigation Unlikely
Marler Clark associate attorneys Dave Babcock and Drew Falkenstein co-authored an article on litigation resulting from bovine spongiform encephalopathy (mad cow) contamination for the March 2006 edition of the King County Bar Association's Bar Bulletin. The authors address the question of whether Mad Cow litigation is imminent head-on, stating, "It …
April 06, 2008 • Publications
Immunities and Defenses for Allegedly Negligent Inspections
This article, written by Drew Falkenstein, appeared in the November, 2005 issue of the Journal of Environmental Health, and was a follow-up to his previous article, "An Introduction to Liability, Negligence, and All Things In Between." In this article, Drew addresses different states' laws regarding liability of environmental health professionals …
April 06, 2008 • Publications
An Introduction to Liability, Negligence, and All Things In Between
Marler Clark associate attorney Drew Falkenstein wrote this article for the Legal Briefs column in the September, 2005 Journal of Environmental Health. In it, he breaks down elements of a legal claim, including liability, negligence, duty, breach, and causation. He concludes, "For now you have, in nutshell form at least …
April 06, 2008 • Publications
How to Keep Your Focus on Food Safety
Printed in the June/July 2005 issue of Food Safety Magazine, an article written by Bill Marler about the food industry's reaction to claims of foodborne illness after the "discovery" of a finger in a bowl of Wendy's chili, which was later found to have been placed in the chili by …
April 06, 2008 • Publications
Intentional Contamination: Liability for the Criminal Acts of Employees
One of a series of articles written by Denis Stearns that address the legal risks faced by manufacturers and distributors of food products. In this article about whether an employer is liable if an employee intentionally contaminates a product, Mr. Stearns explains that, "The employer is vicariously liable for the …
April 06, 2008 • Publications
Product Distributor Liability: Some Different Scenarios
In an article for ID Access, Denis Stearns addresses liability for product distributors. He uses examples to further illustrate product distributor liability in practical scenarios such as in the case of when a distributor transports E. coli-contaminated lettuce or ground beef from a producer to a retailer. Central to his …
April 06, 2008 • Publications
Indemnification, Contribution, and Allocation of Fault: Shifting the Blame
In one of a series of articles written by Denis Stearns that address the legal risks faced by manufacturers and distributors of food products, he writes about indemnification. Mr. Stearns explains how an indemnity agreement works: "In contract, it is because you have a written agreement from a manufacturer, or …
April 06, 2008 • Publications
Chain of Distribution Liability: Tag, You're It
In one of a series of articles written by Denis Stearns that address the legal risks faced by manufacturers and distributors of food products, he explains chain of distribution liability in simple terms: If you had a role in the distribution of a defective product that ends up causing an …
April 06, 2008 • Publications
Product Liability: How It Turned Strict
Mr. Stearns addresses the concept of strict product liability in one of a series of articles for ID Access that address the legal risks faced by manufacturers and food distributors: "Under the new rule of strict liability, to hold a manufacturer liable, a person injured while using a product need …
April 06, 2008 • Publications
Product Liability: A Brief History of Its Early Origins
Denis Stearns begins a discussion of product liability law with a brief explanation of its origins: Product liability law evolved from contract law, with the first decisions strongly favoring manufacturers. For a very long time, the “general rule” was that a manufacturer could not be sued, even for negligence, by …
April 06, 2008 • Publications
An Introduction to Product Liability Law
In Denis Stearns' first article for ID Access, he introduces readers to product liability law and the concepts behind it, beginning with: When a person is injured by a defective product that is unreasonably dangerous or unsafe, the injured person may have a claim or cause of action against the …
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