September 2008

"Victims all over the country are suffering because of the breakdown of our meat supply safety system," said the plaintiffs’ attorney William Marler. "Everyone deserves pathogen-free meat in restaurants, grocery stores and summer camp."

William D. Marler

A Boy Scout infected by E. coli while attending camp in Goshen filed suit Friday in the Circuit

Isaiah Peters is usually an active little boy. The 3 1/2-year-old red-headed youngster loves to kick his soccer ball around the backyard and play “Guitar Hero.” But instead, Isaiah is lying in a hospital bed in Minneapolis, where he is fighting through a painful illness, H.U.S., a complication of E. coli that can cause kidney

A Boy Scout who was infected by E. coli O157:H7 while attending camp in Virginia filed suit today in the Circuit Court of Rockbridge County. The lawsuit was filed on behalf of Zachary Yost and his mother, Devon Drew, against S & S Foods LLC. The plaintiffs are represented by Marler Clark, a Seattle law

In Kreifall v. Excell, Excell’s “Preemption argument” was tried and soundly rejected by the Wisconsin State Supreme Court and then was denied review by the US Supreme Court in Kreifall v. Excell (Cargill subsidiary).  See online version.

Guest Blogger – Andy Weisbecker

In the Deborah Fellner v. Tri-Union Seafoods d/b/a Chicken of the Sea opinion, issued by the US Court of Appeals, Third Circuit, on August 19, 2008, the court protected the right of the consumer plaintiff to pursue her claim against the manufacturer of contaminated tuna products. The defendant tuna producer had argued that the federal regulatory approach by the US Food and Drug Administration (FDA) related to the risk of mercury in tuna products had preempted the consumer’s right to proceed with her claim for damages against the producer based on New Jersey’s product liability laws. The Court of Appeals however, found that the FDA’s related activity was not sufficient to warrant the preemption of the state personal injury claims, and allowed the consumer to proceed with her action against the producer.Continue Reading A New US Court of Appeals Decision Preserves a Consumer’s Right to Sue the Producer of Contaminated Tuna

Outbreak of Severe Diarrheal Illness in Northeastern Oklahoma

The Oklahoma State Department of Health (OSDH) reports today that laboratory analysis of water samples taken from a private well on the property of the Country Cottage restaurant in Locust Grove, OK, has found no disease-causing bacteria. The restaurant has been associated with a large E. coli

There really is very little humor in what I do.  I did, however, smile when I received a thank you note from the mother of two daughters I represented in 2006 Dole Spinach E. coli Outbreak – and this great bobblehead.

Captain Colon and His League of Fecal Fighters.

The U.S. government has the authority to bar meat companies from testing their animals for mad cow disease, a federal appeals court has ruled.  The Department of Agriculture’s failure to test more than a fraction of cows for the brain-wasting disease prompted one meat company to announce that it would test all of its bovines