Obesity Litigation Reform: HB 170 (2005)
Exempted from civil liability manufacturers, sellers, trade associations, agricultural producers
Exempted from civil liability manufacturers, sellers, trade associations, agricultural producers (means any producer of livestock, crops for food or fiber, dairy products and any other product for human consumption from an agricultural operation), wholesalers, brokers or retailers of a qualified food product [means any food or drink as defined in 21 U.S.C. 321 (f) and specifically includes meat and meat products from livestock, food, fiber, dairy product and any other product for human consumption from an agricultural operation] in cases in which liability is based on weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain or obesity or health condition results from the longterm consumption of a qualified product. The liability exemption does not apply if the claim is based on a material violation of a federal or state composition, branding, or labeling standard and that the violation was committed with intent to deceive or injure consumers or with actual knowledge that the violation was injurious to consumers.
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Pa. Supreme Court Disregards SCOTUS Ruling
Nicholas Malfitano of the Pennsylvania Record writes about the Pennsylvania Supreme Court’s ruling on jurisdiction in a lawsuit filed by an out-of-state resident.
COVID-19 Lawsuit Protections Signed Into Law in Michigan
ATRA praises the passage of HB 6030 in Michigan, enacting COVID-19 liability protections.
Supreme Court of Pennsylvania Defies SCOTUS Precedent
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.
ATRA Warns Against ‘New Species of Super Tort’ in Oklahoma Opioid Judgment
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
Support for Johnson & Johnson’s Appeal In Massive Oklahoma Opioid Judgment
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.
Lawsuit Abuse Awareness Week: This affects all of us
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.