Obesity Litigation Reform: SB 103 (2005)
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 KRS 217.125 or 21 U.S.C. 321, for claims arising out of weight gain, obesity, health conditions associated with weight gain or obesity, or other generally known conditions allegedly caused by or allegedly likely to result from long-term consumption of food. The liability exemption does not apply if the claim is based on a material violation of 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. Provided that discovery and all other proceedings shall be stayed during a motion to dismiss.
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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.
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American Tort Reform Association leads on advocating for transparency in damages in civil cases
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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.