Publications
Marler Clark has published 80 articles about publications.
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Articles
April 06, 2008
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …
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Symptoms of Salmonella Infection
Symptoms of Salmonella infection include painful abdominal cramps, diarrhea, and fever. Salmonella infections can have a broad range of illness, from no symptoms to severe …
What Are the Symptoms of Listeria Infection?
The infection caused by Listeria can vary from mild to severe. Only a small percentage of persons who ingest Listeria fall ill or develop symptoms …
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