Obesity Litigation Reform: HB 590 (2004)
Provided a civil liability exemption for a manufacturer, packer, distributor,
Provided a civil liability exemption for a manufacturer, packer, distributor, carrier, holder, seller, marketer or advertiser of a food or beverage, when the claim is for weight gain, obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from longterm consumption of food. The liability exemption does not apply if the claim is based on a material violation of state or federal law with respect to adulteration or misbranding. The liability exemption also does not apply if the claimed injury is for any other material violation of federal or state law applicable to the manufacturing, marketing, distributing, advertising, labeling or the sale of food and that the violation was committed knowingly and willfully. In addition, it provided that discovery and other proceedings shall be stayed during any motion to dismiss.
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.
Amanda Bronstad with Law.com writes about the potential repercussions if the 2019 $465 million judgment against Johnson & Johnson stands.
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.
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.