Food Safety Regulation and Litigation: Minimizing the Risk of Product Liability Claims
Mastering the Standards for Fault, Causation and Damages in Foodborne Illness Litigation
A live 90-minute CLE webinar with interactive Q&A
Wednesday, February 22, 2017
(Alert: Event date has changed from 1/26/2017!)
1:00pm-2:30pm EST, 10:00am-11:30am PST
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.
The Centers for Disease Control estimates that there are over 48 million cases of foodborne illnesses in the U.S. each year. To contain this perceived epidemic, federal regulators have over the last few years implemented a number of measures, including preventive controls, import and export rules, produce safety standards, rules on administrative detention, and rules on product tracking and sanitary transportation under the Food Safety Modernization Act administered by the FDA. These new laws in turn will impact how cases are handled in the litigation.
Lawsuits from foodborne illnesses can be costly and time consuming. Jury verdicts often reach millions of dollars and garner unfavorable media attention. Successfully defending a food safety claim hinges upon mastering the standards unique to these cases.
Foodborne illness liability requires the establishment of fault and causation by the plaintiff. Counsel for both parties must understand the scientific link between the foodborne illness, the alleged harm to a plaintiff and the defendant’s product to litigate food safety lawsuits.
Counsel must also understand how to assess damages. The financial liability of all parties involved, the anticipation of plaintiffs’ future medical costs, and defendants’ insurance coverage all play a key role in determining damages.
Listen as our authoritative panel of product liability attorneys discusses the latest developments in food safety regulation and litigation, and defines the standards for establishing fault and causation and proving damages. The panel will explain best practices to defend foodborne illness 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?
Lee N. Smith, Shareholder
Perkins Mann & Everett,
Mr. Smith's practice includes land and natural resource regulation and development food safety, environmental compliance, water law and litigation. He has also been involved in state court litigation concerning pesticide contamination, the California Environmental Quality Act (CEQA), and Prop. 65 litigation, as well as federal litigation involving pesticide registration and the Comprehensive Environmental.
W. Hunter Winstead, Partner
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.
Live Webinar $297.00
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This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.
CLE On-Demand - Streaming Video
Includes recorded streaming video of full program plus PDF handouts.
On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.
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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.
**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.
CLE On-Demand Video $297.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
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Recorded Webinar Download $297.00
Available 48 hours after the live event
Recorded Audio Download (MP3) $297.00
Available 24 hours after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
Registration Plus Recorded Event
Live Webinar & Webinar Download $394.00
Recorded Webinar Download Only $97.00 with Registration/Webinar Combo
Live Webinar & Audio Download $394.00
Recorded Audio Download (MP3) Only $97.00 with Registration/MP3 Combo
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DVD (Slide Presentation with Audio) Only $97.00 with Registration/DVD Combo
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CLE Credits By State
Very good breadth and depth of the subject matter - the speakers had a lot of experience and insight.
Ken J. Pedersen
Pedersen & Company
Strafford's program was on point, relevant and provided useful information.
Craig-Hallum Capital Group
The webinar’s content was relevant to several cases I have.
The webinar was very well organized and efficient.
Lathrop & Gage
I liked the topic and the tools provided in the handouts.
Texas Tech University Health Sciences Center
Product Liability Advisory Board
Hartline Dacus Barger Dreyer
Herzfeld & Rubin
Wilson Elser Moskowitz Edelman & Dicker
Herzfeld & Rubin
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