--- title: Supreme Court Ruling Upholds Court of Appeals Decision date: 2008-01-09T00:16:42-08:00 author: Bill Marler canonical_url: "https://marlerclark.com/news_events/supreme-court-ruling-upholds-court-of-appeals-decision" section: News --- [All News](/news_events) / [Outbreaks](https://marlerclark.com/news_events/outbreaks) / # Supreme Court Ruling Upholds Court of Appeals Decision ## Allows Wisconsin citizens to sue when injured by adulterated meat MILWAUKEE, WI (September 15, 2003) — The Wisconsin Supreme Court today issued a ruling that upholds an earlier Court of Appeals decision holding that meat supplier Excel can be found liable under state law for supplying adulterated meat to Milwaukee Sizzler restaurants. Lawsuits filed against Excel had alleged that the meat Excel sold caused a widespread outbreak E. coli O157:H7 infections and the death of three-year-old Brianna Kriefall in 2000. Marler Clark, the Seattle law firm nationally known for its successful representation of victims of foodborne illness, and Fox, O’Neill & Shannon, a respected Milwaukee law firm, represented named plaintiff Ervin Lesak among others, including three children who suffered from hemolytic uremic syndrome “HUS” in lawsuits against both Excel and Sizzler. Excel had won an earlier motion for summary judgment in which the trial court agreed with Excel’s argument that it could not be held liable for injuries sustained by plaintiffs because it was shielded from liability by the Federal Meat Inspection Act (FMIA). But the court of appeals ruled that Excel could be held accountable under state law to those who were injured by its meat products. And rather than being safeguarded by the FMIA, the court of appeals said that the statute was intended to protect the public, not meat companies. Summarizing its ruling, the Court stated “that federal preemption does not close the doors of Wisconsin's courts to claims against Excel.” Continue reading [Supreme Court Ruling Upholds Court of Appeals decision allowing Wisconsin citizens to sue when injured by adulterated meat](http://www.marlerclark.com/press_releases/view/supreme-court-ruling-upholds-court-of-appeals-decision-allowing-wisconsin-c "Supreme Court Ruling Upholds Court of Appeals decision allowing Wisconsin citizens to sue when injured by adulterated meat") on the Marler Clark website. ### Other E. coli Lawsuits [Raw Farms linked to another Raw Milk Cheese E.coli Outbreak - 9 People sickened - Company refuses to recall product](https://marlerclark.com/raw-farms-linked-to-another-raw-milk-cheese-e-coli-outbreak-7-people-sickened) [10 with E. coli linked to Cheese](https://marlerclark.com/3-with-e-coli-linked-to-cheese) [Sycamore Pool in Chico California Contaminated with E.coli - Two teens in 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The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ Get a free consultation ](https://marlerclark.com/contact) ##### Related Resources ###### [E. coli Food Poisoning](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-food-poisoning) What is E. coli and how does it cause food poisoning? Escherichia coli (E. coli) is a highly studied, common species of bacteria that belongs to the family Enterobacteriaceae, so... ###### [E. coli O157:H7](https://marlerclark.com/foodborne-illnesses/e-coli/e-coli-o157h7) E. coli O157:H7 is a foodborne pathogen that causes food poisoning. E. coli O157:H7 is the most commonly identified and the most notorious Shiga toxin-producing E. coli (STEC) serotype in... ###### [Non-O157 STEC](https://marlerclark.com/foodborne-illnesses/e-coli/non-o157-stec) Non-O157 Shiga Toxin-Producing E. coli can also cause food poisoning. E. coli O157:H7 may be the most notorious serotype of Shiga toxin-producing E. coli (STEC), but there are at least... ###### [Sources of E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/sources-of-e-coli) Where do E. coli O157:H7 and non-O157 Shiga toxin-producing E. coli (STEC) come from? The primary reservoirs, or ultimate sources, of E. coli O157:H7 and non-O157 STEC in nature are... ###### [Transmission of and Infection with E. coli](https://marlerclark.com/foodborne-illnesses/e-coli/transmission-of-and-infection-with-e-coli) While many dairy cattle-associated foodborne disease outbreaks are linked to raw milk and other raw dairy products (e.g., cheeses, butter, ice cream), dairy cattle still represent a source of contamination... ##### Outbreak Database #### Looking for a comprehensive list of outbreaks? The team at Marler Clark is here to answer all your questions. Find out if you’re eligible for a lawsuit, what questions to ask your doctor, and more. [ View Outbreak Database ](https://outbreakdatabase.com)