Obesity Litigation Reform: HB 1115 (2004)
Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers,
Exempted from civil liability manufacturers, packers, distributors, carriers, holders, sellers, marketers, or advertisers of food (as defined in Title 21 U.S.C. Section 301 (F)) or an association of one or more such entities when the claim is for weight gain, obesity, or a health condition associated with weight gain or obesity. The liability exemption does not apply if the claim is based on a material violation of a state or federal adulteration or misbranding requirement. The liability exemption also does not apply for any other material 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 provisions of the bill do not preclude civil liability for breach of express contract or express warranty in connection with the purchase of food. Finally, H.B. 1519 provided that discovery and all other proceedings shall be stayed during a motion to dismiss.
ATRA President Tiger Joyce writes how companies that end arbitration face the risk of consumer class actions, in the face of plaintiffs firms ramping up mass arbitration proceedings.
We are saddened to hear of former Missouri state Senator Ed Emery’s untimely death. Senator Emery was not only a champion of tort reform, but a pillar in his community. […]
The New York trial bar may get yet another gift from the state lawmakers seemingly tied around their finger.
Lawsuit abuse across the U.S. results in more than $160 billion in excessive tort costs
Financial benefit of reforming Missouri’s tort system could support an additional 20k+ jobs & $3.38B in increased economic activity
$7 million spent in Quarter 1 of 2021 to air nearly 61,000 local legal services TV ads in Illinois