Marler Blog

May 12, 2026

Hey, FDA Commissioner Makary, AI has a wild idea – perhaps a Hallucination?

I asked our AI friends – What are the pros and cons of replacing FDA Commissioner Makary with me – here is the response? This is a very timely question — Makary resigned as FDA Commissioner today, May 12, 2026, amid reports of internal tensions and policy clashes, with the vaping dispute reportedly being a […]

October 08, 2005

Bagged “Pre-washed” Lettuce – Is Convenience Worth the Risk?

With at least 23 people in Minnesota sickened with the deadly E. coli O157:H7 bacteria, 8 of them hospitalized and 1 child developing acute kidney failure, all from apparently eating bagged, “pre-washed” lettuce, one needs to ask if the convenience is worth the risk. According to the FDA, more that 245,000 bags of lettuce might […]

October 02, 2005

Hepatitis victim settles lawsuit after needing liver transplant

A lawsuit filed by a Beaver man who needed a liver transplant in 2003 after he fell ill in the hepatitis A outbreak at a former Beaver Valley Mall restaurant has been settled for $6.25 million. A federal judge approved a $4.1 million trust to pay for the ongoing care of Richard Miller, 58. The […]

September 30, 2005

Man who got hepatitis at Chi-Chi’s restaurant settles suit for $6.25 million

As the Associated Press reported today, a man who needed a liver transplant after he got hepatitis A from a Chi-Chi’s restaurant has settled a lawsuit against the bankrupt chain for $6.25 million US. Richard Miller, 58, was among 660 people sickened by scallions served at a Chi-Chi’s near Pittsburgh in the fall of 2003. […]

September 24, 2005

Hepatitis A Web site is resource for Gaming Expo attendees who were exposed to the Hepatitis A virus

The Clark County, Nevada, Health Department warned that a food worker at the Global Gaming Expo, held at the Las Vegas Convention Center September 13-15, 2005, tested positive for hepatitis A. The infected food worker was serving Schwan’s ice cream samples at the Schwan’s Food Service Booth, and did not show symptoms of the illness […]

September 15, 2005

“My Best Advice” – The Prosecuting Attorney

In an interview for The Food Recall Manual, a publication sponsored by the US Army Grant #DAAD13-03-03-C-0065, I expressed my opinions about foodborne illness litigation in “My Best Advice” – The Prosecuting Attorney.

September 13, 2005

Class Action Lawsuit Filed Against New York Office of State Parks

Marler Clark and Underberg & Kessler filed a class action complaint today against the New York Office of State Parks, Recreation and Historic Preservation. The lawsuit, which was filed in the State of New York Court of Claims, was filed on behalf of nearly 4,000 people who became ill with Cryptosporidiosis after visiting the Spraypark […]

September 02, 2005

Spraypark claim filed

Craig Fox of the Finger Lakes Times has also reported on the spraypark claim filed. From the article: A Rochester attorney and a nationally known Seattle law firm yesterday filed a notice of claim for a class action suit they may bring on behalf of some families who became sick after visiting the spraypark at […]

September 02, 2005

Water illnesses spark court fight

Lauren Stanforth, a staff writer for DemocratandChronicle.com, has reported on Marler Clark’s notice filed against New York state over Seneca Lake State Park’s Sprayground outbreak this summer. From the article: Two lawyers filed a notice Thursday with the state Attorney General’s Office that they intend to pursue a class action lawsuit against the state for […]

September 01, 2005

Notice of Class Action Lawsuit Filed Against New York Office of State Parks

Marler Clark and Underberg & Kessler filed a notice of claim today against the New York Office of State Parks, Recreation and Historic Preservation. The notice indicates the intent to file a class action lawsuit on behalf of over 3,200 people who became ill with Cryptosporidiosis after visiting the Sprayground at Seneca Lake State Park […]

August 22, 2005

Cryptosporidium Outbreak at Seneca Lake State Park Preventable

During the ten years between 1989 and 1999, recreational water venues were associated with approximately 170 outbreaks. Of those outbreaks, nearly half resulted in gastrointestinal illness from such pathogens as Cryptosporidium, E. coli O157:H7, and Shigella. In 1997, 369 people, mostly children, became ill with Cryptosporidiosis after playing in a water fountain at a Minnesota […]

August 06, 2005

Class-action notices to be mailed in Chi-Chi’s outbreak

As the Associated Press reported yesterday, more than 9,000 people who received shots to ward off hepatitis A after an outbreak at a Chi-Chi’s restaurant will be mailed forms later this month so they can claim their share of an $800,000 class-action settlement. The federal judge overseeing Chi-Chi’s bankruptcy last month approved a schedule to […]

August 04, 2005

E. coli lawsuit filed against Olive Garden

Marler Clark has filed an E. coli lawsuit was filed Monday in Multnomah County Circuit Court (Case No. 05-080796-3) against the Olive Garden Italian Restaurant. The lawsuit was filed on behalf of Jodi Greer, a Troutdale, Oregon resident who became ill with an E. coli infection after eating at the restaurant’s Gresham store in April […]

July 22, 2005

W.Va. woman sues over tainted orange juice

The Associated Press has chimed in on the lawsuit we filed against Orchid Island Juice on behalf of Heather Dowdy. From the article: Heather Dowdy of Caldwell filed the lawsuit against Orchid Island Juice Co. of Fort Pierce, Fla., late Thursday in U.S. District Court. Her lawyer, Seattle food illness specialist Bill Marler, said it […]

July 21, 2005

Marler Clark files lawsuit against Orchid Island, maker of unpasteurized Salmonella-contaminated orange juice

Marler Clark has filed a Salmonella lawsuit was against Orchid Island Juice Company of Fort Pierce, Florida, in US District court for the Southern District of West Virginia Thursday (case no. 5:05-CV-0586). The lawsuit was filed on behalf of Heather Dowdy, a Caldwell, West Virginia resident who became ill with a Salmonella infection after consuming […]

July 21, 2005

Tainted tomato case headed for mediation

Time has come to begin trying to hammer out financial settlements for hundreds of people who were sickened by a batch of salmonella-tainted tomatoes last summer. Marler Clark represents 98 of the more than 400 people who were sickened in Pennsylvania, Ohio, West Virginia and six other states after eating Roma tomatoes served at Sheetz […]

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