Food Safety Regulation and Litigation: Minimizing the Risk of Product Liability Claims
Mastering the Standards for Fault, Causation and Damages in Foodborne Illness Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide product liability counsel with a review of the latest regulatory and case law developments related to food safety. The panel will examine key issues in foodborne illness litigation, explain the definition of the standards for fault, causation and damages, and offer best practices to defend these lawsuits.
- Regulatory and compliance requirements in food safety
- Recent developments under the Food Safety Modernization Act
- How these rules effect product liability law
- Increased record keeping
- Public notification
- Proposition 65
- Class actions
- The food safety product liability claim
- Brief overview of science of foodborne illness
- Delineating fault
- Defining a scientific causal link
- How to pay for a food safety problem
- Types of costs a food liability problem can cause
- Role of insurance and other risk-spreading tools
- Early steps to take when claims or recalls occur
- What your company or client can do now to prepare
The panel will review these and other key issues:
- What measures have regulators taken to reign in the increasing number of foodborne illness incidents?
- What are the standards for liability and negligence, and which defendants are held to each standard in food safety litigation?
- How does available insurance coverage influence how counsel approaches the legal issues involved?
- What is the role of expert witnesses in establishing causation and determining damages?
James F. Neale
Mr. Neale’s practice focuses on high-exposure cases in courts across the country. He has substantial mass tort... | Read More
Mr. Neale’s practice focuses on high-exposure cases in courts across the country. He has substantial mass tort and class action litigation experience and currently serves as Co-Chair of the firm's Foodborne Illness Litigation Practice Group. Much of Mr. Neale’s current work focuses on defending clients in food-related litigation, as well as counseling food companies on regulatory compliance and litigation avoidance. He is a member of the faculty of the National Trial Advocacy College at the University of Virginia.Close
Lee N. Smith
Coleman & Horowitt
Mr. Smith has provided representation in the areas of land and natural resource regulation and development,... | Read More
Mr. Smith has provided representation in the areas of land and natural resource regulation and development, environmental compliance, water law and litigation in the Central Valley for over 27 years. His breadth of experience includes water quality (at both the federal and state levels), air quality and hazardous materials compliance, Proposition 65 and food safety.Close
W. Hunter Winstead
Mr. Winstead is an experienced litigator who represents clients in financial and commercial disputes, corporate... | Read More
Mr. Winstead is an experienced litigator who represents clients in financial and commercial disputes, corporate bankruptcy and insolvency matters. He has represented companies, creditors' committees, post-bankruptcy trusts, individual directors and officers, and other individuals and entities in insurance, banking, and other types of litigation. Mr. Winstead’s expertise in insurance coverage litigation and disputes encompasses commercial general liability, directors’ & officers’ liability, errors & omissions and professional liability policies.Close