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Food producers have a duty to ensure that the food products they provide to the public are free of contamination and safe for human consumption. Recently, the U.S. Food and Drug Administration has adopted a new set of rules and regulations designed to improve safety controls and prevent harmful and even deadly foodborne illness outbreaks from making people sick.

When a producer or company fails to safely prepare or process food products, and a consumer becomes sick as a result, the producer may be strictly liable for the consumer’s damages. The most difficult aspect of a food contamination case is proving causation. Most of us eat a wide variety of foods and products throughout the day, or even week, and many people fail to remember exactly what they consumed, or where and when they consumed it.

When an outbreak occurs, state public health officials and the national Centers for Disease Control (CDC) typically get involved to help trace the particular strain that caused the illness back to a specific source, like a restaurant, factory, or farm. In many cases, the reports and evidence created during these investigations can be used to show causation in a lawsuit.

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In a recent case filed in the Northern District of California, Gyorke-Takatri v. Nestle USA, Inc., the court concluded that a party to a class action case who seeks removal to a federal court must offer sufficient admissible evidence to show that there is an adequate jurisdictional basis for removal. The underlying case involved a plaintiff’s allegations about the defendant’s Gerber Graduates Puffs product, which bears a label depicting a variety of fruit and vegetables. The plaintiffs sought to represent a class of in-state consumers who claim that these images were misleading by leading consumers to believe the products were healthier than they actually are. Ultimately, based on its conclusion, the Northern District of California granted the plaintiff’s motion to remand.

In their motion for remand, the plaintiffs alleged that the defendant failed to meet its burden, which required it to show by a preponderance of the evidence that the amount in controversy in the case exceeded five million dollars. This requirement is part of the federal Class Action Fairness Act (“CAFA”), 28 U.S.C. 1332(d). In order to prove that the amount in controversy requirement under CAFA has been satisfied, the party must show that the total amount of damages sought in the lawsuit, exclusive of attorneys’ fees, costs, and interest, exceeds five million dollars.

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The recent 2015 amendments to the Federal Rules of Civil Procedure, which were approved on October 9, 2015, take effect on December 1, raising concerns about how some of the changes will affect class action litigation.

First, changes to existing Federal Rule of Civil Procedure (“FRCP”) 26(b)(1) will impose an express limitation on discovery. Now, discovery will be limited to information that is proportional to the needs of the case, considering:

  • The importance of the issues at stake in the action,
  • The amount in controversy,
  • The parties’ relative access to relevant information,
  • The parties’ resources,
  • The importance of the discovery in resolving the issues, and
  • Whether the burden or expense of the proposed discovery outweighs its likely benefit.

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According to a news report, a jury in Seattle recently awarded a man from Illinois $21.5 million in damages as a result of injuries he suffered while taking a cruise around the world with his wife and daughter. At the trial, the 61-year-old man alleged that one of the ship’s automatic sliding glass doors closed on his face and head due to problematic motion sensors, causing him to suffer an injury to his brain. As a result, he is now plagued by seizures, vertigo, and memory loss.

After the accident, a doctor on board the ship diagnosed the man with a concussion. However, tests later revealed that the man suffered more serious head injuries. Because of his injuries, the passenger struggles to perform previously routine tasks and was forced to sell his retail business.

At the trial, the man’s attorney offered evidence of 16 other incidents involving sliding doors on the cruise line’s ships over the last three years. The cruise line denied that allegation. The lawyer for the Illinois man also alleged that the cruise line withheld documentation relating to nearly 35 incidents involving automatic sliding doors on its ships, but the judge would not allow the lawyer to discuss the majority of those cases in front of the jury.

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According to a recent report published in the Journal of Patient Safety, it is estimated that over 400,000 patients die each year in the United States because of medical errors that could have been avoided. Another report found that medical errors like these cost Americans about $19.5 billion annually because of additional medical care, medication, and other corrective, or follow-up, treatments. With so much at stake in the complex world of medical mistakes, the question then becomes: who pays?

As with most other questions involving the health care industry, the answer to this question is complicated and varies depending on the parties involved. According to a recent news article, in some cases, if an error is made while a patient is being treated in a hospital, it is hospital policy to admit the mistake and provide free follow-up care. On the surface, admitting a mistake might seem like a recipe for being sued for medical malpractice. However, the article points out that there is research suggesting that an injured patient is less likely to sue for malpractice if a hospital comes clean about any errors that may have been committed.

More frequently, the article indicates, hospitals do not waive bills arising in the wake of a medical error, although the American Medical Association (AMA) and several other prominent groups are urging hospitals to do exactly that. If or until this happens, there are several other scenarios that are possible when costs associated with a possible medical error arise.

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According to a recent news article, students traveling to Wheaton North High School were injured when the bus they were riding in was involved in an accident with another car. The accident occurred on Geneva Road near Purnell Street at approximately 7:35 in the morning.

According to police, the driver of the car first hit a compressor being pulled by a van on Geneva Road. The car then spun into the path of the bus, which struck the car on the passenger side. Fortunately, the passenger seat was empty at the time of the accident.

The bus was carrying 50 students when the accident occurred. Along with the bus driver, 12 students were taken to Central Dupage Hospital with non-life-threatening injuries, ranging from head pain to wrist soreness. The driver of the car was also transported to the hospital for minor injuries. Both the car and the school bus had to be towed from the accident site.

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A Wyoming federal court recently awarded over $11 million to a Nebraska plaintiff who sustained injuries after contracting salmonella poisoning at a Wyoming-based restaurant location. Although the plaintiff has recovered from many of the initial symptoms and illnesses of the salmonella poisoning, he continues to suffer devastating and long-lasting side effects, including vomiting, balance and coordination issues, and a number of cognitive and psychological harms.

One of the most unique aspects of this case is that the plaintiff obtained the judgment through a default judgment. A default judgment occurs when one party fails to take action, such as when a defendant ignores a summons to appear before court or respond to a pleading against it.

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The U.S. Food and Drug Administration has released its final version of a new set of rules that will change the way food safety must be addressed in produce production. Known as the Standards for the Growing, Harvesting, Picking, and Holding of Produce for Human Consumption, the agency began working on the rules back in January 2013.

Overall, the final set of rules establishes six new parameters designed to reduce the risk of negative health effects and foodborne illnesses that can occur when produce is contaminated or contains biological hazards. The six areas of focus are:

  • Water used in agriculture,
  • Biological soil amendments,
  • Domesticated and wild animals,
  • Sprouts,
  • Worker training through health and hygiene, and
  • Equipment, tools, and buildings.

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Una demanda de acción de clase fue archivada en contra del restaurante internacional de comida rápida, McDonald’s, después de que surgieron informes indicando que por lo menos 1,000 clientes fueron expuestos al virus Hepatitis A en uno de los restaurantes. En general, HAV es un virus o infección que puede causar enfermedad hepática e inflamación del hígado. También puede causare síntomas severos como la fiebre. Si no tratado, HAV puede causar ictericia y otras complicaciones serias.

El 13 Noviembre 2015, el Departamento de Salud de Nueva York, en colaboración con el Departamento de Salud del Condado de Seneca, emitió un anuncio indicando que todo cliente que visito el restaurante de McDonald’s’ en esa área dentro de 31 Octubre 2015 y 8 Noviembre 2015, pueden haber sido expuestos al virus Hepatitis A (“HAV”) a través de un empleado de McDonald’s. Conforme al anuncio, cualquier individual que visito el restaurante durante ese periodo y consumió comida o bebidas podrían haber contraído la enfermedad contagiosa.

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A recent investigative report from the New York Times suggests that many contracts that consumers sign on a regular basis include severe and harsh provisions that effectively abolish the consumers’ rights to combat unfair and deceptive business practices. Most of these contracts are lengthy, complex, and difficult to understand, discouraging consumers from digging too deeply into the provisions and the impact of what they may be signing. Cell phone contracts are one of the most common examples of this type of contract, but they can also come with certain product purchases or even medical services.

The article discusses some specific examples involving credit card contracts, which impose an arbitration requirement on the signing party. Arbitration is a process that supplants the traditional judicial system and right to a jury. In an arbitration, the parties meet with a single, agreed upon arbitrator who is often a former lawyer or judge. The arbitrator’s decision is binding on the parties, and the parties are virtually precluded from bringing an action in court. In many cases, these arbitration requirement provisions will also specify the venue where the arbitration must take place, the set of arbitration rules that will apply, and who will be responsible for the cost of the arbitration.

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