secrecy, costs, criminals, and claimants: 2010 gma conference

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Bill Marler's presentation at the 2010 GMA Foodborne Litigation Conference in Washington D.C.

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Page 1: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference
Page 2: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

“Secrecy, Costs, Criminals and Claimants”

Page 3: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

PCA – Poisoning People and Criminal Acts

Page 5: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

Foodborne Illness Costs

Cost to consumers

Costs to businesses

Page 6: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

Settlement Secrecy – is it Bad for the Industry?

Most settlements the defendant wants secrecy – Why?

- Embarrassed they paid too much?

- To discourage other claims?

Page 7: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

“How to Handle the Onslaught – When Strict Liability Strikes”

Page 8: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

Preventing It The First Place – Elevate Food Safety

Invite in the regulators

Be an industry leader

It limits the chance of it happening and avoids the likelihood of a denial of coverage and punitive damages

Page 9: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

Preparing for the Siege

Have a recall plan

PR plan

Litigation plan

Settlement plan

Experts Spokespeople

in place Government

contacts

Page 10: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

When they Come Over the Wall – Playing Defense Offensively

Paying medicals on legitimate claims

Wage loss on legitimate claims

Fighting to the death on the others

Page 11: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

Questions

Page 12: Secrecy, Costs, Criminals, and Claimants: 2010 GMA Conference

For More Information…

Bill Marler

Marler Clark, The Food Safety Law Firm

1301 2nd Avenue

Suite 2800

Seattle, WA 98101

1-866-770-2032