... and Justice for All

the Arbitration Scam Puts Families, Consumers and Employees at the Mercy of Corporate Minions

The New York Times publishes today a lengthy analysis of the arbitration scam concocted by corporate interests to facilitate and enable them to rip off and harm American families, consumers and employees: Arbitration Everywhere: Stacking the Deck of Justice.  

There are two main, basic problems with the arbitration clauses that corporate America relies on:

• First and with all due respect to the arbitrators, the system is structured to favor the repeat players, which is the corporations.  Arbitrators get paid when they preside over an arbitration, so they want to be selected to arbitrate a matter.  If they don't get picked, they don't get paid. So this leads them inevitably to tilt in the favor of the corporations who will again have an arbitration. It's like buying the jury, and it is not fair.
  
  
• Cost. Most arbitration clauses require the consumer and the corporation to share the arbitrator's charges and fees, which are likely to run into quite a hefty sum, perhaps tens of thousands of dollars. Individuals and families rarely have the money to pay for this.  You could say that lawyers could represent them on a contingent fee basis; well, in reality, taking a case on a contingent fee basis where the arbitrator is likely to naturally and inherently favor the opposition adds a level of risk that sometimes is too much to bear.
  
  Robert L. Abell
  www.RobertAbellLaw.com

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Here's the gist:

For nearly 50 years, legislative attempts to provide prosecutors additional leeway to criminally charge automakers and their employees have been quashed.

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The pattern of loopholes and legislative victories illustrates the lobbying might and political clout of the auto industry, even as it careens from one safety crisis to another.

As has been said, "money doesn't talk it swears."

Robert L. Abell
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One of the hardest things in the world is getting someone to understand whose paycheck is dependent upon them not understanding.  

Here's the game: medical device companies capture the FDA by buying influence with these experts and secure FDA approval for their devices, which in turn serves as a defense to defective product lawsuits, often a complete defense.  So at the front end it is possible for medical device manufacturers to buy their way out of any accountability or liability to individuals and families hurt be defective medical devices.

And so it goes. Remember money doesn't talk it swears.

Robert L. Abell
www.RobertAbellLaw.com

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Gibson Vance, the President of the American Association for Justice, discusses the role of accountability and liability for auto makers in the civil justice system that has led directly to safer cars and fewer traffic deaths in an essay, "How Our Cars Got Safer," in the Washington Post. 

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Peanut Butter Maker Knowingly Shipped Tainted Product

The Georgia peanut butter maker identified as the source of the salmonella outbreak that has killed eight people and sickened over 500 knowingly shipped salmonella-tainted peanut butter 12 times in 2007 and 2008, the Washington Post reports, "Peanut Processor Knowingly Sold Tainted Products." The Post reports:

Officials at the Food and Drug Administration and the Centers for Disease Control and Prevention, which have been investigating the outbreak of salmonella illness, said yesterday that Peanut Corporation of America found salmonella in internal tests a dozen times in 2007 and 2008 but sold the products anyway, sometimes after getting a negative finding from a different laboratory.

The company was not required to disclose its tainted products to federal or state officials.

In addition to killing eight people and harming more than 500, the salmonella outbreak has caused recall of more than 100 products. To review the list click here.

Robert L. Abell
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Salmonella Outbreak Produces Lawsuit by Vermont Family

A Vermont family, whose 7 year old son was stricken by salmonella after eating peanut butter, has filed a lawsuit against the Peanut Corporation of America biz.yahoo reports, "Vermont Couple Sues Over Salmonella Outbreak." The lawsuit claims that the child was sickened after eating Keebler Cheese & Peanut Butter Crackers, which have been recalled by Kellogg's.  The salmonella outbreak, which has killed at least six people and sicked 470 spread over 43 states, was linked by the FDA to a peanut butter processing plant in Georgia operated by the Peanut Corporation of America. The FDA maintains a searchable database of products recalled due to the salmonella outbreak that can be accessed by clicking here.  

Robert L. Abell

www.RobertAbellLaw.com

Salmonella Outbreak Spurs Recalls By Kellogg's

Salmonella contamination at a Georgia peanut processing plant and a nationwide salmonella outbreak that has sickened hundreds and killed at least six has caused Kellogg's to recall 16 of its most popular products, the Washington Post reports, "Kellogg's Recalls More Peanut Butter Products." 

Included in the recall are the following popular products:

• Austin Quality Foods Cheese Crackers with Peanut Butter - all sizes  

• Austin Quality Foods Cheese & Peanut Butter Sandwich Crackers - all sizes 
• Austin Quality Foods Mega Stuffed Cheese Crackers with Peanut Butter - all sizes 
• Austin Quality Foods PB & J Cracker Sandwiches - all sizes 
• Austin Quality Foods Super Snack Pack Sandwich Crackers 
• Austin Quality Foods Chocolate Peanut Butter Sandwich Crackers - all sizes 
• Austin Quality Foods Toasty Crackers with Peanut Butter - all sizes 
• Austin Quality Foods Reduced Fat Cheese & Peanut Butter Sandwich Crackers 
• Austin Quality Foods Reduced Fat Toasty Crackers with Peanut Butter Sandwich Crackers  
• Austin Quality Foods Cookie/Cracker Pack  
• Austin Quality Foods Variety Pack 
• Keebler Cheese & Peanut Butter Sandwich Crackers - all sizes 
• Keebler Toast & PB'n J Flavored Sandwich Crackers - all sizes 
• Keebler Toast & Peanut Butter Sandwich Crackers - all sizes  
• Famous Amos Peanut Butter Cookies (2- and 3-ounce) 
• Keebler Soft Batch Homestyle Peanut Butter Cookies (2.5-ounce)   

Further information can be found here:

FDA:http://www.fda.gov/

Kellogg's:http://www.kelloggcompany.com  

Robert L. Abell

www.RobertAbellLaw.com