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.
View all news
Florida Lawmakers Pass Landmark Legal Reform
HB 837 heads to Governor’s desk
Transparency in Tort Reform
This letter-to-the-editor was originally published by the Tampa Bay Times in response to their March 13, 2023 article “Florida lawmakers want to help insurance companies by limiting lawsuits.“ The “tort […]
The 3rd Circuit’s bankruptcy gift to the trial bar
Our civil justice system is intended to resolve issues among parties & provide clarity on the law. But in this situation, the 3rd Circuit failed to do either.
Florida Lawsuit Abuse Reform Prioritized by Governor and Legislative Leaders
American Tort Reform Association leads on advocating for transparency in damages in civil cases
A Time for Choosing at the National Association of Attorneys General
This op-ed was originally published by Real Clear Policy. There’s a growing chorus of criticism against the National Association of Attorneys General (NAAG) for the organization’s perceived political bias and […]
Lawyers Win Big From J&J Bankruptcy Decision
Over 40,000 claimants have been relegated to an overburdened and inefficient civil justice system.