Fast Food Litigation

Is a double cheeseburger a defective product? A number of tort lawyers and their clients believe so. In July 2002, a class action suit was brought on behalf of patrons of McDonald's, Wendy's Burger King, and KFC. The suit alleged that the fast food companies negligently, recklessly, or intentionally manufactured and marketed foods that caused adverse health effects such as obesity, diabetes, heart disease, and stroke. The lead plaintiff in the case was a 56 year old, 270 pound man, but the class was vaguely defined as those who have consumed products manufactured and sold by the defendants who have become obese, overweight, developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol levels, and/or other detrimental health effects. A federal judge in New York dismissed the case, but that has not spelled the end of suits against purveyors of fast food.

Jury Instructions in Products Liability Lawsuits

The judge gives instructions to the jury (also called the jury charge) after both sides present their evidence at trial. The instructions tell the jury the law it must follow in reaching a verdict. The jury's function is to consider all the evidence and decide what happened. There are three separate types of claims in products liability lawsuits: strict liability, negligence, and breach of warranty.

Compensation for Fear in Product Liability Actions

In some product liability actions, such as asbestos and breast implant litigation, a known risk of the defective product is an increased risk of cancer. As a result of the litigation concerning the products, plaintiffs or potential plaintiffs may become fearful of developing cancer. Even if they never do develop cancer, a number of courts have allowed these plaintiffs to recover damages for "fear of cancer."

Contaminated Blood Product Litigation

When patients are faced with life threatening injuries or diseases, they sometimes rely on blood donations to save their lives. What happens when the blood they rely on to save them actually makes them sicker?

Fiberglass Litigation

Fiberglass is a man-made material, constructed from thin, needle-shaped rods of glass. Over 30,000 commercial products contain fiberglass. For example, fiberglass is used for thermal insulation of industrial and residential buildings, as acoustic insulation, for fireproofing, as a reinforcing material in plastics, cement, and textiles, in automotive components, in gaskets and seals, and many other products.