14 Annual Australian HACCP Conference

August 2, 2007Queensland, Australia

Marler Clark, LLP PS

Since 1993 Marler Clark has represented thousands of legitimate food illness victims in every State. Settlements and Verdicts – total nearly $300,000,000.

Most cases are NOT “Class Actions.” Why?

Class Action Litigation of FBI Claims in the US Purpose behind Civil Rule 23- Class - those that have suffered similar harm- Administrative Efficiency- Conservation of Judicial Resources- Prompt Achievement of a Group Remedy

Health Department Involvement

Class Action Advantages

1. Cost-effective method of handling small claims - cost of litigation outweighs potential recovery

2. Cases with common issues of law and facts3. Method of effectively imposing cost of

wrongdoing4. Uniform treatment of a Defendant in one forum

Class Action Requirements

1. Numerosity - large enough to make individual suits impractical

2. Commonality - class members have legal and factual claims in common

3. Typicality - claims and defenses at typical of the plaintiffs or defendnats

4. Adequacy of Representation - Representatives adequately protect interests of Class

Foodborne Illness and Class Actions - Reality Burden on Party Seeking Certification Predominance - common issues as opposed to

individual, fact-specific issues and conflicts Superiority - the class action, instead of individual

litigation is a better method of reaching resolution

Foodborne Illness and Class Actions - Reality Class Actions in FBI cases are rare - only a

handful in past 15 years Why?- Liability would be the same - Strict Liability- Causation can vary widely - culture

positive?- Damages - vary widely - how to combine

the sick for a few days with death in one case?

- Commonality and Typicality failure. Option, “sub-classes,” Opt-in, Opt-out

Foodborne Illness and Class Actions - Examples 1980’s - Salmonella Outbreak tied to contaminated Milk 1993 - Jack in the Box E. coli Outbreak 1994 - Schwan’s Salmonella Ice Cream Outbreak 1997 - Salmonella Outbreak tied to Florida Restaurant 1997 - Salmonella Outbreak tied to Nursing Home 2000 - Norovirus Outbreak in Restaurant 1990’s and 2000’s - Hepatitis A - Ig vaccine Class

Actions

Class Action Recent Developments

Peter Pan Peanut Butter Salmonella Outbreak

CDC - 628 Culture-Positive S. Tennessee Cases However, over 30 Class Actions with 50,000 Claims -

What gives?

But, Class Actions/Litigation Can Work – A History Lesson

Jack in the Box - 1993Odwalla - 1996

What Will a Jury Think?

A Jury = 12 Consumers

6600 Bank of America Tower701 Fifth AvenueSeattle, Washington 981041-800-884-9840www.marlerclark.com

Questions?