Category: Legal Literature
-
Manhattan Institute Issues 2016 Trial Lawyers Inc. Report
The Manhattan Institute, a conservative think tank based in Washington, D.C., has published its annual survey of plaintiffs’ bar activities. Focusing on class action and mass tort litigation, the survey addresses consumer fraud allegations, labor and employment claims, and securities actions, among others, reporting that 29 percent of corporate counsel expect data privacy lawsuits “to…
-
Journal Article Describes Emergence of Legal Epidemiology
A group of public health policy professionals has proposed a multidisciplinary approach to public health law, arguing that public health professionals should receive training in a variety of disciplines to “promote full recognition and [the] optimal role of law in public health.” Scott Burris et al., “A Transdisciplinary Approach to Public Health Law: The Emerging…
-
Government Agencies Should Define “Natural” to Avoid Inconsistent Court Decisions, Professor Argues
In a recent journal article, a Babson College marketing law professor discusses legal disputes over the labeling of food as “natural,” noting drawbacks of using courts as public policy developers on the issue. Ross D. Petty, “‘Natural’ Claims in Food Advertising: Policy Implications of Filling the Regulatory Void with Consumer Class Action Lawsuits,” Journal of Public…
-
Johns Hopkins Researchers Review Legal Actions Against Food Products Marketed to Youth
Researchers from the Johns Hopkins Bloomberg School of Public Health have authored an overview of litigation and governmental actions related to health claims on food and beverages marketed to children. Lainie Rutkow, et al., “Legal Action Against Health Claims on Foods and Beverages Marketed to Youth,” American Journal of Public Health, March 2015. By identifying…
-
A.L.R. Publishes on Trans Fat Labeling/Promotions Litigation
American Law Reports (A.L.R.) has published an annotation titled “Liability of Food Manufacturer Based on Statement in Product Labeling or Promotion Relating to, or Inconsistent with Presence of, Trans Fat in Product.” 92 A.L.R.6th 141 (2014). It “collects and analyzes all the federal and state cases discussing the liability, when not precluded by federal preemption,…
-
Law Prof Urges Partial Repeal of NLEA
Associate Law Professor Diana Winters argues in “The Magical Thinking of Food Labeling: The NLEA as a Failed Statute” that those parts of the Nutrition Labeling and Education Act of 1990 (NLEA) regulating “health claims” and “nutrient content claims” have been ineffective at addressing obesity and should be repealed. While Winters acknowledges that leaving this…
-
Scholar Seeks to Insert Fairness into Assumption of Risk Defense
Tel Aviv University Senior Law Lecturer Avihay Dorfman explores the theoretical underpinnings of assumption of the risk as a tort defense and illustrates its nuances in the context of obesity. “Assumption of the Risk, After All,” Theoretical Inquiries in Law (forthcoming 2013). Observing that any hostility toward the doctrine stems from the perception that it has…
-
PHAI Attorneys Discuss “Cheeseburger” Bills and Obesity-Related Lawsuits
Public Health Advocacy Institute (PHAI) Staff Attorney Cara Wilking and President Richard Daynard, a self-described “strategic litigation expert with a focus on combating the epidemics caused by tobacco and obesity,” have co-authored an article titled “Beyond Cheeseburgers: The Impact of Commonsense Consumption Acts on Future Obesity-Related Lawsuits.” 68 Food & Drug Law Journal 229 (2013). Beginning…