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Personal Injury Law

Marler Blog Marler Blog

Commentary on food poisoning outbreaks and litigation.
By Bill Marler, Esq.

Post Frequency: 33.5/day

Last Entry: April 01, 2011 at 19:12:02

Recent Entries: 2446

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Five Minutes With Bill Marler, Well-known Lawyer, Food Safety Activist

Posted on February 06, 2009
"He’s not quite the assassin in Armani that many in our business wish him to be."  Cattlenetworks – Chuck Jolley I called Marler to ask a few pointed questions.  You’ll find just two themes in this interview. (1) What the hell is going on?  And (2) What will be the effects on the cattle industry...


E. coli O157:H7 outbreak in Colorado, Tied to Stock Show

Posted on February 06, 2009
At least 20 people have been infected with E. coli O157:H7 in Colorado, and that number is expected to grow. The illnesses have been linked to the National Western Stock Show, held in Denver in January. 16 of the 20 sickened attended the show, and investigators are trying to determine the infection vehicle - food, water, or animals...


Hopefully, Peanut Corporation of America has good criminal lawyers

Posted on February 06, 2009
The Food and Drug Administration had initially said Peanut Corporation of America (PCA) retested products after getting an initial positive result for Salmonella. The FDA and PCA said the company shipped the goods after follow-up tests came back negative...


Kellogg is Pulled into the Salmonella Peanut Butter Pit as the Hartford tries to escape

Posted on February 05, 2009
Had a good talk this evening with Newsday reporter, Sarah Crichton, who I believe might well have been “Miss Peanut Australia” not long ago. We talked about the latest unfortunate episode in the unfolding saga of what amounts to a food safety train wreck...


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Let's Poison the Troops and Victims of Diasters with Peanut Butter?

Posted on February 05, 2009
You have to be kidding? According to Stars and Stripes - Europe-bound bulk meals used by U.S. military personnel contain peanut butter products that are part of a massive recall because of possible salmonella contamination.  The U.S. military has pulled commercial products from store shelves and also from Unitized Group Rations-A, or what old-timers might call T-Rats (no comment needed)...


Examination of Federal Food Safety Oversight in the Wake of Peanut Products Recall

Posted on February 05, 2009
Thursday, February 05 2009, 10:00am - 12:00pm Senate Committee on Agriculture, Nutrition & Forestry Examination of Federal Food Safety Oversight in the Wake of Peanut Products Recall Date: Thursday, February 5, 2009 Time: 10:00 a.m. Place: 216 Hart Senate Office Building Panel I Dr...


Kellogg's Audits gave Peanut Corporation of America "an overall superior rating" - King Nut did no Audit at all

Posted on February 05, 2009
I am looking forward to sending subpoeans to the "food safety" auditors of Peanut Corporation of America.  Again, save those documents all. For weeks now, I have been hammering on all involved in this outbreak for full disclosure and transparency...


Mr. Bill Goes Back to Washington, Yet Again

Posted on February 05, 2009
Salmonella Contamination Hearing Subcommittee on Oversight and Investigations 10:00 a.m. February 11, 2009 2123 Rayburn House Office Building I have been asked to bring some clients from the recent Salmonella outbreak to Washington DC to give the Subcommittee a flavor of what it is like for your child to eat peanut butter and watch your child become ill, and for your father to eat peanut butter and watch your father die...



Somethings Smelly in Blakely Georgia

Posted on February 04, 2009
Another press release from Peanut Corporation of America: There has been a great deal of confusing and misleading information in the media. We want the public to know that there were regular visits and inspections of the Blakely facility by federal and state regulators in 2008...


FEATURE - American Association of Justice Trial Magazine - "Serving up trouble" - William D. Marler Esq.

Posted on February 04, 2009
When foodborne illness outbreaks occur, the source of the contamination is not always clear. Lawyers pursuing foodborne illness claims must carefully determine the applicable laws and identify the party that brought the product to market. These days, ready-to-eat produce is more popular than ever...


Hartford Insurance Company Throws Peanut Corporation of America Under the Bus

Posted on February 04, 2009
Talk about kicking a guy when he is down?  Peanut Corporation of America (PCA) is facing lawsuits, criminal sanctions and a Congressional hearing and then Hartford today files a Declaratory Judgment Action against it.  Frankly, I read this suit several times and still do not see what the fight is about...


Associated Press - AP - should stand for "All Peanuts" News

Posted on February 03, 2009
Brett Blackledge (aka, "Mr. Peanut") of “All Peanuts” News broke another story in the never-ending saga of Peanut Corporation of America (PCA). This time the story is that PCA’s Plainview, Texas facility that “blanches, dry roasts, oil-roasts and chops peanuts, then ships them to food companies across the country,” was operating without a license...


Marler: Health surveillance key to fresh produce By Tom Karst

Posted on February 03, 2009
Interview with Tom Karst of the Packer.com In Bill Marler’s view, the case is closed.?? In the wake of yet another long running salmonella investigation – this time linked to peanut butter – the Seattle-based food safety lawyer said he believes there is more than enough proof that federal and state governments need to increase their investment in foodborne illness surveillance...


Jolley: Five Minutes with Bill Marler, Well-known Lawyer, Food Safety Activist - Cattlenetwork.com

Posted on February 03, 2009
This full interview with Mr. Jolly should be up on www.cattlenetwork.com shortly. Did you know that the government needed permission from the Peanut Corporation of America before they could announce a huge recall of its products? Even after the feds began looking into felony charges against PCA management? Legally, the wording of the recall statement had to be approved by the company before the Food and Drug Administration could publish it...


Georgia Steps up to test food for "the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption"

Posted on February 03, 2009
The Georgia State Legislature will consider amending Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated relating to adulteration and misbranding of food: so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes...


From China - the folks that brought you Melamine in baby formula - now they will not buy our Peanut Butter?

Posted on February 03, 2009
China has banned food imports from eleven United States-based companies whose products have been tainted with peanut butter or paste that contain salmonella bacteria, Wednesday's China Daily reported. The blacklisted eleven food manufacturers include the Peanut Corporation of America (PCA), considered the source of the contamination, and also the breakfast cereal maker Kellogg, according to the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)...


President Obama is Our Best Model For A Safe Food System

Posted on February 02, 2009
President Obama was quoted this morning: “At bare minimum, we should be able to count on our government keeping our kids safe when they eat peanut butter,” Obama told [Matt] Lauer in the interview, which was conducted Sunday at the White House...


2006 Nebraska Beef E. coli Case Resolved

Posted on February 02, 2009
I’ve been waiting a long time to make this post – more than two years. Today we settled a lawsuit against Nebraska Beef Inc. on behalf of two Longville, Minnesota families, those of Ellie Wheeler and Carolyn Hawkinson. We have been litigating for a long, long, time, and today a settlement was reached (for an undisclosed sum)...


H.R. 759 - Its purpose it to provide FDA with power/means to increase food safety

Posted on February 02, 2009
Just got this - going to read it - all 137 pages.


White House: Stricter Food Safety Rules are Coming - Its About Time

Posted on January 31, 2009
The White House is pledging stricter oversight of food safety in response to a Salmonella outbreak that has sickened more than 500 people in the United States and Canada and killed at least eight.  Press secretary Robert Gibbs said Friday that President Barack Obama plans to announce a new Food and Drug Administration commissioner and other oversight officials in the coming days...


More Peanut Butter Press Quotes - Friday, January 30, 2009

Posted on January 31, 2009
Feds rarely file charges in tainted food cases   "There have been innumerable times they could have prosecuted but didn't," said Bill Marler, a Seattle-based food safety lawyer who has filed two lawsuits against Peanut Corp. of America over the recent outbreak...


What's the Connection with Georgia Peanuts and Salmonella Tennessee?

Posted on January 31, 2009
We all remember that on June 1, 2007, the CDC reported that a total of 628 persons had been infected with the outbreak strain of Salmonella serotype Tennessee in 47 states since August 1, 2006.  Rumor has it that that number was actually in excess of 700 (perhaps 714)...


The USDA does have its hands in the peanut jar

Posted on January 31, 2009
In yet another indicator of the confusion of who is in charge over what food - FDA or USDA - Local, State or Federal Regulators, hat tip to Bob Keefe for his story today - Troubled peanut firm’s chief also an industry quality adviser - in the Atlanta Journal-Constitution...


Chopped Peanuts from Peanut Corporation of America were Refused by Canada and Returned to United States in September, 2008 - Where did the Peanuts Go?

Posted on January 30, 2009
And people say investigative journalism is a lost art. Hat tip to Sharon Theimer and Ricardo Alonso-Zaldivar of AP for uncovering that “weeks before the earliest signs of a national Salmonella outbreak that now has been traced to peanuts from a Georgia processing plant, peanuts exported by [Peanut Corporation of America] were found to be contaminated and were returned to the United States...


Peanut Butter Salmonella - The Seven Year Old and the President

Posted on January 30, 2009
The New York Times story in the morning profiles Christopher Meunier, age 7, who is my client in the most recent Salmonella Peanut Butter Outbreak. He suffered a high fever, bloody diarrhea, vomiting and was hospitalized for six days because he ate peanut butter...


Criminal Investigation Launched in Peanut Butter Poisoning

Posted on January 30, 2009
The FDA, OCI and DOJ are now investigating Peanut Corporation of America according to the press conference happening right now.  According to the CDC 529 people have been confirmed as ill and linked to this Salmonella outbreak.


The Salmonella Body Count Continues

Posted on January 30, 2009
CDC reported today that 529 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (2), Arizona (11), Arkansas (5), California (68), Colorado (13), Connecticut (9), Georgia (6), Hawaii (3), Idaho (13), Illinois (6), Indiana (6), Iowa (3), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (43), Michigan (26), Minnesota (36), Missouri (9), Mississippi (3), Nebraska (1), New Hampshire (11), New Jersey (23), New York (20), Nevada (5), North Carolina (6), North Dakota (12), Ohio (72), Oklahoma (2), Oregon (11), Pennsylvania (14), Rhode Island (4), South Dakota (4), Tennessee (9), Texas (6), Utah (5), Vermont (4), Virginia (21), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2)...


The Federal Food, Drug, and Cosmetic Act Overview of Food Adulteration and Criminal Sanctions

Posted on January 30, 2009
I received a lot of email and calls from folks today wanting to get some understanding of what might be facing The Peanut Corporation of America (PCA).  Here are my thoughts: The Federal Food, Drug, and Cosmetic Act was passed by Congress in 1938 in reaction to the growing public safety demands...


Top Health Search in Google News - Salmonella Peanut Butter

Posted on January 29, 2009
Perhaps this time the public, the manufacturer's of our food and our politicians will get off their... hands and do something about improving the safety of our food supply?  People seem interested - for a moment.  And, at least I get to comment...


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