Obesity Litigation Reform: HB 107 (2005)
Exempted from civil liability trade associations, livestock producers, agricultural producers
Exempted from civil liability trade associations, livestock producers, agricultural producers and manufacturers, sellers, marketers, distributors, and advertisers of food (as defined in 21 U.S.C. 321 (f);(g);(i)) for claims arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. This liability exemption includes actions brought by a person other than the individual whose weight gain, obesity, or health condition the action is based. It also includes any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative or individual. The liability exemption does not apply for a violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling or sale of food and the violation was committed knowingly and willfully. The liability exemption also does not prohibit an action from being brought under Chapter 431, Health Safety Code; or by the attorney general under Section 17.47, Business & Commerce Code. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.
New Poll Finds Strong Bipartisan Support for Government Action vs. Litigation When it Comes to Handling the COVID-19 Pandemic
While COVID-19 relief efforts stall in Congress, public support for aid to small businesses and others impacted by the pandemic remains high. According to a new survey released today by […]
Missouri Supreme Court declines to review billion-dollar award against Johnson & Johnson baby powder
Juliette Fairley of the St. Louis Record reports on the Missouri Supreme Court’s decision not to review a $2 billion verdict.
ATRA President Tiger Joyce penned an op-ed for Law360 on the surge of COVID-19-related lawsuits targeting the insurance industry.
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
ATRA’s statement on the Supreme Court of Pennsylvania’s ruling in Hammons v. Ethicon to allow an out-of-state lawsuit to continue, openly defying SCOTUS precedent.