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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Wednesday, June 29, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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 standards for fault, causation, and damages, and offer best practices to defend these lawsuits.

Faculty

Kim Bousquet
Counsel
Davis Wright Tremaine LLP

Ms. Bousquet has practiced in food and agriculture industry litigation for over 15 years. As a litigator, she has handled everything from simple breach of contract cases to highly complex multi-district litigation, class action defense, and Lanham Act cases. Ms. Bousquet practices in both federal and state courts, before regulatory bodies, in arbitrations, and in the BBB's National Advertising Division. She also advises industry clients on FDA, USDA, state, and local regulatory compliance and all matters relating to the Federal Food, Drug, and Cosmetic Act, the Food Safety Modernization Act, and other laws and pending legislation impacting the food and beverage industry. She has represented some of the industry's largest companies across a broad spectrum—from food producers and agribusinesses to restaurant groups, supplement manufacturers, pet food makers, biotechnology corporations, and biofuel companies.

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P. Andrew McStay
Partner
Davis Wright Tremaine LLP

Mr. McStay defends food industry clients against food safety claims, including against class action claims. He represents food processors, distributors, and retailers in foodborne illness and contamination cases and supply chain disputes. Mr. McStay also provides regulatory and insurance advice to clients facing product recalls. He has significant first-chair trial and appellate experience in state and federal courts.

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Description

The Centers for Disease Control estimates over 48 million cases of foodborne illnesses in the U.S. and 3,000 deaths each year. To contain this perceived epidemic, federal regulators have implemented several measures over the last few years, including preventive controls, import and export rules, produce safety standards, regulations on administrative detention, and rules on product tracking and sanitary transportation under the Food Safety Modernization Act administered by the FDA. These new laws will affect how cases are handled.

Food safety litigation can be costly and time-consuming. Jury verdicts often reach millions of dollars and garner negative media attention. Successfully defending a food safety claim hinges upon mastering the unique standards.

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 play a crucial 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 food safety lawsuits.

Outline

  1. Regulatory and compliance requirements in food safety
    • Recent developments under the Food Safety Modernization Act
    • Statutes/regulations
  2. How these rules impact product liability law
    • Increased record-keeping
    • Public notification
  3. Proposition 65
  4. Class actions in the food safety context
  5. The food safety product liability claim
    • A brief overview of the science surrounding food safety issues
    • Delineating fault
    • Defining a scientific causal link
  6. 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?