Marler Clark LLPDrew Falkenstein joined Marler Clark in January, 2004 and has concentrated his practice in representing victims of foodborne illness. He has litigated nationwide against some of the biggest food corporations in the world, including Dole, Kellogg’s, and McDonald’s. He has worked on landmark cases that have helped shape food safety policy, HACCP protocol, and consumer rights, such as the E. coli outbreak in fresh spinach in 2006 and the 2008 Peanut Corporation of America outbreak of Salmonella. A frequent speaker for the not-for-profit organization Outbreak, Inc, Mr. Falkenstein travels the country to address public and environmental health organizations as well as food safety meetings and annual educational conferences. He speaks on the intersection of law and public health, and addresses companies on how to prevent food borne illness outbreaks.
Nobody wants a recall. Nobody wants to make people sick. Generally, food manufacturers do have safeguards in place--some more than others--to avoid outbreaks of foodborne disease and the recalls that typically follow. But outbreaks and recalls happen. Bacteria and viruses are microscopically small and can be hard to detect, and there will always be an inordinate number of companies who...
I wrote "An Introduction to Liability, Negligence, and All Things In Between" for the Legal Briefs column in the September, 2005 Journal of Environmental Health. The article breaks down elements of a legal claim, including liability, negligence, duty, breach, and causation, and concludes, "For now you have, in nutshell form at least, the tools to assess virtually any situation in...
"Immunities and Defenses for Allegedly Negligent Inspections" appeared in the November, 2005 issue of the Journal of Environmental Health, and was a follow-up to my previous article, "An Introduction to Liability, Negligence, and All Things In Between." In this article, I address different states' laws regarding liability of environmental health professionals and encourage environmental health professionals to find out whether...
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