News Archive
Marler Clark has published 5,667 articles about foodborne illness outbreaks and lawsuits.
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 …
April 06, 2008 • Publications
Separating the Chaff from the Wheat: How to determine the strength of a foodborne illness claim
A paper presented at the May 2005 Defense Research Institute meeting on food liability written by Bill Marler and Dave Babcock. In the paper, Mr. Marler and Mr. Babcock use case studies to provide examples for how legitimate foodborne illness claims can be distinguished from illegitimate, or "bogus" claims. The …
April 06, 2008 • Publications
Food Claims and Litigation
Written by Bill Marler for the February, 2005 Food Safety In-Sight newsletter by Environ Health Associates, Inc, Bill's paper on foodborne illness and tort begins, "In a perfect food safety world, operators of food facilities would place the health of the consumer above all else. Science-based foodborne illness prevention systems …
April 06, 2008 • Publications
How to document a food poisoning case
In an article printed in the November, 2004 issue of Trial Magazine, written by Bill Marler and Dave Babcock, the attorneys explain: As a general rule, food poisoning cases are products liability cases.2 In other words, they are brought forward under the doctrine of strict liability. Since it does not …
April 06, 2008 • Outbreaks
An E. coli O157:H7 Outbreak at a Chain Restaurant
"An E. coli O157:H7 Outbreak at a Chain Restaurant: A Case Study on How Easily Legal Liability Can Spread to a Franchisor" was written by Denis Stearns for the February 2004 Law Journal Newsletters’ Franchising Business and Law Alert. Mr. Stearns concludes his article, "Insurance can be purchased to cover …
April 06, 2008 • Publications
Why Hepatitis A Vaccinations are Bad for (My) Business
This article by Denis Stearns appeared in the July/August 2002 issue of Food Quality Magazine. Mr. Stearns begins the article, "Let’s be honest: as an attorney who makes a substantial portion of his living by filing lawsuits against restaurants, it’s not in my financial interest to have the National Restaurant …
April 04, 2008 • Outbreaks
April 03, 2008 • Outbreaks
April 02, 2008 • Case News
Robeson School E. coli Outbreak Lawsuits
Marler Clark represented 34 children who became ill with E. coli infections after consuming homemade butter served to students during a classroom demonstration at Prospect Elementary School in Robeson County, North Carolina, in the fall of 2001. …
April 02, 2008 • Case News
Golden Corral E. coli Outbreak Lawsuits
In 1999, a Golden Corral restaurant in central Nebraska was the source of an E. coli outbreak that sickened nearly 80 people. The outbreak was linked to contaminated lettuce served at the restaurant. Marler Clark represented victims of the E. coli outbreak in claims against Golden Corral. …
April 02, 2008 • Case News
Washington State Department of Social and Health Services: O'Connor v. DSHS (1999)
Denis Stearns represented Kathleen O’Connor in litigation against the Washington State Department of Social and Health Services after a state worker sexually assaulted her son. DSHS had denied access to public records, saying the act was not a tool to be used during pretrial discovery against the state. Stearns took …
April 02, 2008 • Case News
Union Pacific Railroad Auto Accident Litigation - Washington (2001)
Marler Clark represented a Seatle-area woman whose legs and knees were broken when a crane fell on top of the pickup she was driving. The woman suffered life-long injuries; her claim was resolved for $1,000,000. …
April 02, 2008 • Case News
State of Washington: Iseli and Neer v. Dodd and the State of Washington (1989)
Bill Marler filed a wrongful death lawsuit against the State of Washington, Asotin County, and Westley Allan Dodd on behalf of the parents of three young boys slain by Dodd in Clark County, Washington, in 1989. The lawsuit alleged that Dodd would have been in prison if it had not …
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