News from 2005



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Attorneys for Spraypark victims seek certification for class action lawsuit

Marler Clark filed a motion Friday for certification of a class action lawsuit against the State of New York Department of Parks, Recreation, and Historical...

About-Salmonella website is resource for families of children stricken with Salmonella

At least 70 children exhibited symptoms of Salmonella poisoning after attending an etiquette dinner at the City Club in Gastonia, North Carolina, in September, 2005...

Adrift Restaurant Salmonella Outbreak Lawsuits – Washington (2005)

Marler Clark represented two women who became ill with Salmonella infections after eating contaminated crab cakes at Adrift restaurant in Anacortes, Washington. The public health...

At least 29 students die of possible cyanide poisoning after eating food served at school

At least 29 pupils at San Jose Elementary School in Magini, Bohol, Philippines died of cyanide poisoning after eating carmelized cassava roots. Health officials said...

About-Salmonella website is resource for victims of outbreak linked to Amarillo Restaurant

Amarillo Environmental Health officials traced a Salmonella outbreak to the Tacos Garcia restaurant located at 1100 Ross Street. At least twelve patrons who ate together...

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Lawsuit filed against parsley grower linked to Washington, Oregon E. coli outbreaks

Marler Clark filed a lawsuit against an Oregon farm that produced E. coli-contaminated parsley, which was served at a number of restaurants in Oregon and...

Lawsuit filed against cafeteria company, CL Swanson, for Rochelle Foods Salmonella outbreak

Marler Clark filed a lawsuit in Ogle County Circuit Court in Rochelle, Illinois, on Thursday, against the C.L. Swanson Corporation. The lawsuit was filed on...

Lightning strikes the same spot twice

Bill Marler's editorial on the Florida E. coli outbreak that was traced to petting zoo animals exhibited at the Florida State Fair, Central Florida Fair...

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Mealey's Foodborne Illness Liability Teleconference (2005)

Bruce Clark participated in the Mealey's Foodborne Illness Liability Teleconference, in which he discussed techniques for settling and litigating foodborne illness cases, dealing with class...

Marler Clark files third E. coli lawsuit against Dole

Marler Clark filed a third E. coli lawsuit against Dole in United States District Court for the District of Minnesota. The lawsuit was filed on...

Mealey's Foodborne Illness Liability Teleconference (2005)

Bill Marler presented at the Mealey's Foodborne Illness Liability Teleconference in Las Vegas, Nevada on the topic of "Liability Issues Relating to the Sale of...

Maryland Dietary Managers Association (2005)

Bruce Clark was a special guest speaker when he presented on the "Implications of Foodborne Outbreaks" at the annual meeting for the Maryland Dietary Managers...

Marler Clark files second Salmonella lawsuit against Orchid Island Juice Co.

Marler Clark filed a second lawsuit against Orchid Island Juice Co. of Fort Pierce, Florida. The lawsuit was filed on behalf of a 72-year-old Jackson...

Marler Clark files lawsuit against Orchid Island, maker of Salmonella-contaminated orange juice

Marler Clark filed a second Salmonella lawsuit was filed against Orchid Island Juice Company of Fort Pierce, Florida, in US District court for the Southern...

Marler Clark Calls on FDA to Ban Sale of Unpasteurized Juices

The United States Food and Drug Administration (FDA) announced on July 8 that Orchid Island Juice Co. of Fort Pierce, Florida was recalling unpasteurized orange...

More plaintiffs seek punitive damages in lawsuit against airline caterer

Marler Clark filed a second lawsuit against Gate Gourmet, the airline caterer responsible for an August, 2004 Shigella outbreak among passengers on outbound flights departing...

Major Health Risks Associated with Hepatitis A

The East Tennessee Regional Health Department announced that it was investigating five confirmed and three suspected cases of hepatitis A in Campbell County. Three people...

Marler Clark Calls for Legislation to Protect Vicitors at Petting Zoos

Marler Clark called on legislators nation-wide to put into law requirements for the protection of petting zoo visitors. Proposed requirements included increasing signage and warnings...

Marler Clark files Salmonella lawsuit against paramount farms on behalf of clients sickened after ea

Marler Clark filed a lawsuit on behalf of individuals who became ill with Salmonella Enteriditis infections after eating Paramount Farms brand raw almonds between September...

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Greater New York Chapter of Healthcare Food Service Administrators (2005)

Denis Stearns gave a presentation on strict liability related to food service at a meeting of the Greater New York Chapter of Healthcare Food Service...

Grants Pass restaurant sued over Norovirus outbreak

Marler Clark filed a lawsuit against Si Casa Flores, the Grants Pass restaurant linked to a Norovirus outbreak during the first week of January, 2005...

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British Columbia Food Protection Association (2005)

Bruce Clark gave the keynote address at the BCFPA Food Safety Conference in Surrey, British Columbia. His presentation was based on, "Minimizing Your Liability Risks...

Bagged "Pre-Washed" Lettuce: Is Convenience Worth the Risk?

At least 23 Minnesotans were ill with E. coli O157:H7 infections after eating bagged, pre-washed lettuce. 245,000 bags of lettuce were recalled for potential E...

Beaches Sandy Bay Resort Salmonella Outbreak Litigation – Jamaica (2005)

Marler Clark represented tourists who became ill with Salmonella infections after eating foods prepared at the Beaches Sandy Bay resort in Jamaica in January and...

Benton Restaurant Sued by Salmonella Outbreak Victim

Marler Clark filed a Salmonella lawsuit against Santa Fe Foods, owner of the Café Santa Fe restaurant in Benton, Arkansas. The lawsuit was filed on...

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E. coli lawsuit filed against meat supplier, grocer

An E. coli lawsuit was filed Thursday against Topps Meat Company and Price Chopper. The lawsuit was filed in Albany County Supreme Court on behalf...

E. coli Infections Traced to Contaminated Parsley

Over a dozen people became ill with E. coli O157:H7 infections in Oregon and Washington in September and October, 2005. The illnesses were traced to...

E. coli attorney calls on Dole to pay victims' medical bills and lost wages

Bill Marler called on Dole’s corporate leaders to do the right thing and immediately pay the medical bills and wage loss of those sickened with...

E. coli Lettuce Suit Filed Against Dole

The Dole Company, Inc., whose ready-to-eat salads were linked to a large E. coli outbreak and multiple hospitalizations, was named as defendant in a lawsuit...

E. coli attorneys call for legislation to protect visitors at fairs and petting zoos

Portland television station KGW reported that at least three people became ill with E. coli O157:H7 infections after visiting the Clark County Fair in Clark...

E. coli lawsuit filed against Olive Garden

An E. coli lawsuit was filed Monday in Multnomah County, Oregon, Circuit Court against the Olive Garden Italian Restaurant. The lawsuit was filed on behalf...

Economart Salmonella Outbreak Lawsuit - North Dakota (2005)

Marler Clark represented victims of a 2005 Salmonella outbreak in Williston, North Dakota. The firm represented the family of a woman who died after becoming...

E. coli lawsuit filed against Florida Strawberry Festival, Petting Zoo

Marler Clark filed a lawsuit against the Florida Strawberry Festival and AgVenture Farm Shows. The lawsuit was filed in Hillsborough County, Florida, Circuit Court on...

E. coli lawsuit filed against Florida Petting Zoo

Marler Clark filed a lawsuit against Ag-Venture Farm Shows, the petting zoo at the center of the E. coli O157:H7 outbreak at the Central Florida...

E. coli attorney speaks out about E. coli outbreaks at fairs, petting zoos

Five children were in critical condition in Florida hospitals, suffering from a complication of what appears to be E. coli O157:H7 infections, known as Hemolytic...

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New Mexico Environmental Health Association (2005)

Drew Falkenstein and Patti Waller presented on, "The Legal Basis of Foodborne Illness Litigation" and "Separating the Chaff from the Wheat: How Health Department Data...

Notice of Class Action Lawsuit Filed Against New York Office of State Parks

Marler Clark filed a notice of claim against the New York Office of State Parks, Recreation and Historic Preservation. The notice indicated the intent to...

Norovirus lawsuit filed against Blimpie's

Marler Clark filed a lawsuit against the Grand Rapids, Michigan, Blimpie’s Restaurant that was the source of a Norovirus outbreak in early May, 2005. The...

North Dakota Long Term Care Association (2005)

Bruce Clark and Patti Waller gave a presentation titled, "From Kitchen to Courtroom: Foodborne Illness and Long Term Care Facilities," at the NDLTCA's Annual Convention...

National Restaurant Association Meeting (2005)

Denis Stearns delivered a presentation titled, "Some new things to keep you up at night: Greedy managers, sick employees, and crappy produce," at the NRA's...

National Food Processors Association Meeting (2005)

Bill Marler presented on strict liability for the manufacture and sale of adulterated food products at the NFPA's Food Claims and Litigation Conference, held in...

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University of Southern California (2005)

Denis Stearns presented on "Food Law, Litigation, and Class Actions" for the USC Regulatory Science Course: "Medical Products and the Law." His presentation included case...

University of Washington (2005)

Bill Marler presented to an "Intro to Law" class at the University of Washington on the legal implications of foodborne illness. He emphasized his point...

University of Guelph (2005)

Bill Marler presented on the topic of, "Food Safety in the States - Does Litigation Help?" at the University of Guelph, Ontario, Canada for the...

University of Pennsylvaia (2005)

Bill Marler participated in a roundtable put on by the ERS, USDA, and the Risk Management and Decision Process Center from Wharton School, University of...

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Washington State Fair Association Conference (2005)

Bill Marler delivered a speech on fair and petting zoo liability for outbreaks of E. coli and other pathogenic bacteria outbreaks at the annual Washington...

Wyoming Environ. Health Assn., WY Food Safety Coal., WY Public Health Assn. & WY bio-terrorism group Annual Edication Conference (2005)

Bill Marler presented the keynote address on "Foodborne Illness from a Victim's Perspective" for the Annual Education conference. He also presented another session on "Liability...

Wrongful death lawsuit filed against Milton-Freewater Rehabilitation Center

Marler Clark filed a lawsuit against the Evergreen Milton-Freewater Rehabilitation Center on behalf of the estate of an elderly resident who suffered debilitating injuries while...

Washington State Environmental Health Association's 60th Annual Education Conference (2005)

Denis Stearns presented at the WSEHA's 60th Annual Education Conference on the legal basis for food establishment operator responsibility and liability in foodborne illness outbreaks...

Wrongful death lawsuit filed against Elmira restaurant

Marler Clark filed a wrongful death lawsuit against the Maple Lawn Dairy Family Restaurant on behalf of the estate of a Chemung County, New York...

Woodford County Shigella outbreak sickens at least nine day care and elementary school children

Woodford County, Kentucky health officials warned parents that nine children were ill with confirmed cases of Shigellosis, the illness caused by the Shigella bacterium. Shigella...

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Health officials look for source of Bend E. coli outbreak

Marler Clark learned that the Deschutes County Public Health Department was investigating the source of an E. coli O157:H7 outbreak that originated at McGrath’s Fish...

Hearing Wednesday in Spraypark Case

Attorneys appeared before the State of New York Court of Claims in Syracuse on Wednesday, October 5, at 11:00 a.m. to argue that the State...

Hy-Vee Kitchen Department (2005)

Bill Marler's address at a company-wide Kitchen department meeting for Hy-Vee focused on educating kitchen managers and workers about liability as a food service establishment...

Hammer Time: Preparation pays when disputes escalate to lawsuits

Bill Marler has heard them all: “It’s not fair.” “People are just suing over a tummy ache.” “We shouldn’t be blamed. Although somebody got sick...

Hospitality Supply Chain Management Spring Conference (2005)

Bill Marler presented on "Understanding Liability in the Food Industry" for a workshop at the Spring Conference for Hospitality Supply Chain Management in Chicago, Illinois....

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"Something's Happening Here"

In the last few months, Marler Clark has been contacted by individuals, mostly the parents of young children, who have suffered from E. coli O157:H...

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Pre-packaged lettuce linked to E. coli O157:H7 outbreak in Minnesota

Minnesota health officials warned residents to throw out prepackaged Dole lettuce purchased from Rainbow Foods Stores in the Twin Cities area between September 13 and...

Preempting Food Safety

Denis Stearns wrote, “Preempting Food Safety: An Examination of USDA Rulemaking and its E. coli O157:H7 Policy in Light of Estate of Kriefall ex rel...

Plaintiffs Added to Salmonella Lawsuit

Marler Clark added three ill persons to the list of plaintiffs in a lawsuit against Santa Fe Foods, owner of the Café Santa Fe restaurant...

PulseNet Update and Foodborne Epidemiologists Meeting (2005)

Bill Marler delivered the keynote address to kick off the 9th annual PulseNet Update Meeting and Foodborne Epidemiologists Meeting held in Seattle, Washington. His speech...

Praise for North Carolina Petting Zoo Guidelines - But are guidelines enough?

The North Carolina Department of Agriculture announced new guidelines for human-animal interaction at fairs and petting zoos. It required the separation of animals and children...

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Class Action Lawsuit Filed Against New York Office of State Parks

Marler Clark filed a class action complaint against the New York Office of State Parks, Recreation and Historic Preservation. The lawsuit, which was filed in...

Cryptosporidium Outbreak at Seneca Lake State Park Preventable

During the ten years between 1989 and 1999, recreational water venues were associated with approximately 170 outbreaks. Of those outbreaks, nearly half resulted in gastrointestinal...

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Steritech Food Safety Horizons Conference (2005)

Bill Marler gave a keynote address on the subject of "Focusing on what's Important to Food Safety" at the Steritech Food Safety Horizons 2005 conference...

School Nutrition Association's Annual National Conference (2005)

Dave Babcock presented at the School Nutrition Association's Annual National Conference in Baltimore, Maryland, with representatives from the Handwashing Leadership Forum. Dave led two workshop...

Salmonella lawsuit filed against Old South Restaurant

Marler Clark filed a lawsuit against the Old South Restaurant in Camden, South Carolina. The lawsuit was filed in Kershaw County Circuit Court on behalf...

Shigella lawsuit filed against airline caterer

Marler Clark filed a lawsuit on behalf of a Florida man who fell ill after eating contaminated food while on a flight from Honolulu, Hawaii...

Southwest Food Safety Summit (2005)

Bruce Clark presented on Liability of Environmental Health Agencies for Alleged negligent Inspections and Minimizing Your Liability risks and Foodborne Illness Lawsuits in the Retail...

School Lunch - Safe?

At least twenty fourth grade students became ill after eating undercooked chicken served at the New Brighton, Pennsylvania, school cafeteria. Reports indicate that at least...

Seattle Food Service Administrators Meeting (2005)

Bill Marler presented at a meeting of the Seattle Food Service Administrators, a group made up mostly of hospital food service directors, on the topic...

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Ohio E. coli may be part of multi-state outbreak

Three confirmed cases of E. coli O157:H7 in Fayette County, Ohio, may be linked to a larger, multi-state outbreak of the bacterial infection, according to...

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International Association for Food Protection Annual Meeting (2005)

Patti Waller presented on "Foodborne Illness Litigation and How to Avoid It" during the Risk Assessment session at the IAFP Annual Meeting in Baltimore, Maryland....

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The Defense Research Institute's Law, Science, and Risk Management Conference (2005)

Bill Marler spoke for DRI at their Food Liability - Law, Science, and Risk Management conference in St. Louis, Missouri. His presentation focused on the...

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Fern Hill Golf & Country Club Salmonella Outbreak Lawsuits - Michigan (2005)

A Salmonella outbreak was traced to eclairs served at after-concert receptions held at the Macomb County Community College Performing Arts Center in Clinton Township, Michigan...

Foodborne illness web site offers resources on common causes of food poisoning

Foodborne illnesses, such as E. coli, Salmonella, Listeria, and Hepatitis A, have been the topic of news reports across the nation in recent months. With...

Food safety advocates speak out about need for single food safety agency

A draft of the U.S. Government Accountability Office (GAO) report on food safety was released in February, 2005. The report, which was addressed to several...

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Robinswood Pointe Senior Living Facility E. coli Outbreak Litigation - Washington (2005)

Marler Clark represented the family of a woman who died after becoming ill with an E. coli infection and hemolytic uremic syndrome during an outbreak...

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Dangers of eating sushi emphasized after E. coli outbreak at Reno restaurant

In light of an E. coli O157:H7 outbreak that sickened several people who ate at Sushi Pier 2 in Reno during December, 2004, the Marler...