"Why Hepatitis A Vaccinations are Bad for (My) Business," appeared in the July/August 2002 issue of Food Quality Magazine. It begins: "Let's be honest: as an attorney who makes a substantial portion of his living by filing lawsuits against restaurants, it's not in my financial interest to have the National Restaurant Association (NRA) change its position on mandatory hepatitis-A vaccinations...
In "An Introduction to Product Liability Law," I explain that when a person is injured by a defective product that is unreasonably dangerous or unsafe, the injured person may have a claim or cause of action against the company that designed, manufactured, sold, distributed, leased, or furnished the product. In other words, the company may be liable to the person...
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...
"Recouping the Costs of Outbreak Investigations and Prevention," an article on whether Environmental Health Agencies and Health Departments should seek reimbursement for costs involved in outbreak investigations and prevention appeared in the January/February 2006 Journal of Environmental Health. Two key issues influence a public health agency's decision to seek reimbursement: Replenishing the agency's budget to continue its primary functions...
Marler Clark epidemiologist Patti Waller and I collaborated to write, "Where's the Meat? The Need for Full Public Disclosure in Meat Recalls" for the Journal of Environmental Health's June 2006 issue. The article focuses on the USDA's proposed rule on changing policy regarding public disclosure of the names of retail outlets that received potentially contaminated meat during a meat recall. ...
"The Use of Public Health Documents in Foodborne-Illness Litigation" appeared in the September, 2006 issue of the Journal of Environmental Health. How public health documents are used in foodborne illness litigation is a popular topic among environmental health and health department audiences, and this article provides background for all public health audiences. Environmental health data may be used in conjunction...
In "A Legal History of Raw Milk in the United States," an article for the Journal of Environmental Health, I begin with a quote from Winston Churchill: "There is no finer investment for any community than putting milk into babies." Milk safety and the laws and regulations that have evolved to protect consumers from becoming ill from drinking milk produced...
"It's Not Just Montezuma's Revenge Anymore . . ." was published in the November, 2007 issue of the Journal of Environmental Health. The article begins, "Last night you attended a catered function for your favorite charity. Now, 24 hours later, you are feeling less than charitable. In the past hour, you have vomited five times. Your head is pounding, your...
"The Courage to Criticize," is a commentary on foodborne illness outbreaks and the key role criticism from the right people could play in preventing them. Public outcry is always present surrounding any outbreak; however, the food and restaurant industries, or public health officials involved in outbreak investigations often do not speak up....
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