Common Sense Consumption Act: SB 12 (2013)


Applies to all covered claims pending on November 1, 2009,

Applies to all covered claims pending on November 1, 2009, and all claims filed thereafter, regardless of when the claim arose. The bill sets forth that the intent of the Act is to prevent frivolous lawsuits against manufacturers, packers, distributors, carriers, holders, sellers, marketers or advertisers of food products that comply with applicable statutory and regulatory requirements. It sets for the definition of a claim and a “knowing and willful violation,” as well as setting forth guidelines that an entity shall not be subject to civil liability for a claim arising out of weight gain, obesity, or a health condition associated with weight gain or obesity. Additionally, the bill outlines that the pleading requirements and deems them part of the substantive law of the state and not merely in the nature of procedural provisions.

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]