Following the success of a report co-authored by Partners James Muehlberger and Cary Silverman on “food court litigation” and “slack fill,” the ABA Journal reported on the state of class action lawsuits in the food and beverage industry.
“They’re nuisance lawsuits. They are extremely easy to bring. Go over to the supermarket and shake a box. If it rattles, that’s a lawsuit,” stated Silverman to the ABA Journal.
While few slack fill cases become class actions, Silverman points out that “these suits are just going to continue unless companies are willing to fight them out a little bit.”
Silverman is a partner in Shook’s Public Policy Practice in Washington, D.C. with a focus on product liability, tort and consumer law, and civil justice reform. Muehlberger has more than three decades of experience successfully defending class actions and multidistrict litigation throughout the country with a focus on the food and beverage industry. Together they authored the article “The Food Court: Trends in Food and Beverage Class Action Litigation” for the U.S. Chamber Institute for Legal Reform.