March 08, 2013
The Food Court
The Recorder has an interesting article about the "food litigation" docket in the Nothern District of California.
Thanks to Lisa Smith-Butler for the alert.
January 20, 2012
Burger King, Spit, and Emotional Damages in Products Liability
December 01, 2011
Alcohol and the Restatement of Torts
What did the drafters of the Restatement (Second) of Torts drink as they prepared it? Kyle Graham has answers at Co-Op.
July 27, 2011
TX: Four Loko Stroke Case Filed
A Texas man has filed products case against the manufacturer of Four Loko, alleging that the combination energy drink/alcoholic beverage caused him to suffer a stroke. He seeks $75,000 in compensatory damages, as well as punies. AboutLawsuits.com has the story.
May 25, 2011
SC of IL: No Social Host Liability for Underage Drinking Despite Voluntary Undertaking Argument
Late last week, the Supreme Court of Illinois denied liability in a social host case for underage drinking. Plaintiff's decedent, age 18, attended a party at defendants' house. He was a friend of the defendants' son, who was hosting the party. Plaintiff's decedent allegedly consumed alcohol at the party. Shortly after leaving the house, he died in an automobile accident. The interesting doctrinal angle is the allegation that the defendants made a voluntary undertaking to supervise the party and prohibit drinking. The Restatement (Second) on voluntary undertaking is discussed in detail. The case is available here.
Thanks to Mark Weber (DePaul) for the tip.
February 10, 2011
Hot Nacho Suit Against Disney
In March 2010, a California family visited Walt Disney World in Orlando, Florida, with their four-year-old son Isaiah. While there, they bought some nachos as a snack. Those nachos "were spilled" on Isaiah, who suffered burns.
They've now sued Disney in a suit that might -- sort of -- echo the famous/infamous Liebeck coffee case, though there are some obvious differences (age of the plaintiff, the particular way the injury occurred, etc.).
According to at least one vendor's website, nacho cheese is held from 140-155 degrees.
January 27, 2011
Kucinich Suing Over Olive Pit
Per Gawker, Rep. Dennis Kucinich is suing the companies that supply and operate the House of Representatives cafeteria for damages caused by the presence of an olive pit in a wrap he purchased about three years ago.
December 16, 2010
Olson on the Happy Meal Lawsuit
Walter Olson takes on the Happy Meal lawsuit in a guest column at New York Daily News. ("McDonald's suit over Happy Meal toys by California mom Monet Parham new low in responsible parenting")
January 27, 2010
A Sequel to the McDonald's Coffee Case
A man going through a McDonald's drive-thru in Virginia was allegedly burned by the grease from a chicken sandwich. When he took a bite, “the grease from the inside of the chicken sandwich spread out all over my bottom lip, my top lip, down onto my chin.” When he complained to a McDonald's employee, another employee allegedly stated, “This is what happens to the sandwiches when they aren’t drained completely.” The Fourth Circuit vacated judgment for the defendants and remanded the case for trial. The opinion in Sutton v. Roth, L.L.C. is here. The story is from VLW Blog.
January 16, 2010
FDA to Look at BPA
In a course change, the FDA announced that it would be attempting to change BPA's status from "food additive" to "food conduct substance" and that it would be engaging in an extensive safety review of the product, which is in myriad food containers and other plastic packaging.