Food Safety Regulation and Litigation: Minimizing the Risk of Product Liability Claims
Mastering the Standards for Fault, Causation and Damages in Food Safety Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide product liability counsel with a review of the latest regulatory and case law developments related to food safety. The panel will examine critical issues in food safety litigation, explain the definition of the standards for fault, causation and damages, and offer best practices to defend these lawsuits.
Outline
- Regulatory and compliance requirements in food safety
- Recent developments under the Food Safety Modernization Act
- Statutes/regulations
- How these rules impact product liability law
- Increased record keeping
- Public notification
- Proposition 65
- Class actions in the food safety context
- The food safety product liability claim
- A brief overview of the science surrounding food safety issues
- 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
Benefits
The panel will review these and other noteworthy 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?
Faculty
Kim Bousquet
Partner
Thompson Coburn
Ms. Bousquet routinely handles litigation and pre-litigation disputes for companies in the agriculture, agribusiness,... | Read More
Ms. Bousquet routinely handles litigation and pre-litigation disputes for companies in the agriculture, agribusiness, biotechnology, food, and manufacturing industries. In particular, she focuses on litigation and client advice involving plants and animals, food and beverage labeling litigation, GE seed litigation, food labeling laws and regulations (including the new bioengineered foods disclosure law), the Food Safety Modernization Act, produce safety rules, restaurant menu labeling and Food Code compliance, pesticide laws, regulatory action by the USDA and FDA, and urban agriculture. Ms. Bousquet serves as an editor of the firm's Food Fight blog, which is dedicated to delivering relevant industry insights and timely legal updates to food and agriculture industry stakeholders.
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David A. Ernst
Partner
Davis Wright Tremaine
Mr. Ernst is considered one of the country’s leading food safety industry lawyers. He represents national... | Read More
Mr. Ernst is considered one of the country’s leading food safety industry lawyers. He represents national restaurant chains, food manufacturers, and distributors in claims and litigation throughout the country. Over the last 23 years, Mr. Ernst has handled more than 2,500 matters in 30 states arising from outbreak and contamination events, including Listeria, E. coli, Hepatitis A, Salmonella, and botulism claims. He also has significant experience in food safety commercial and consumer class action litigation. In addition to his litigation practice, Mr. Ernst regularly advises food industry clients on risk management and policy development. He is a thought-leader in this space, having spoken to dozens of industry and legal groups across the country and in China.
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