ARTICLES

9/9/2014· Product Liability

Proposed Warning for Food Products with Excessive Sugar

By: Dr. Gerald M. Goldhaber

If you buy a box of Kraft Mac & Cheese in the UK (the same Mac & Cheese that is sold in the U.S.), the following warning label appears on the package: Warning: This Product May Cause Adverse Effects Activity AndAttention in Children. This warning is required because the U.S. version of Kraft Mac & Cheese has artificial food dyes yellow #5 and yellow #6, which are proven to be linked to hyperactivity in children. The warning does NOT appear in the U.S.

8/27/2014· Transportation

Bus Stops and Land Mines

By: Ned Einstein

Question: What is the difference between a poorly-selected and -designed bus stop and a land mine? Answer: Very little. When you step on either of them, your ankles, knees and hips are likely to explode. The genuine difference is that the carnage from land mines is intentional, whereas that of poorly-selected and -designed bus stops usually reflects incompetence and, often, indifference.

8/26/2014· Engineering

Outbreaks Where Food Workers Have Been Implicated in the Spread of Foodborne Disease. Part 10. Alcohol-Based Antiseptics for Hand Disinfection and a Comparison of Their Effectiveness with Soaps

By: Dr. Ewen Todd

Alcohol compounds are increasingly used as a substitute for hand washing in health care environments and some public places because these compounds are easy to use and do not require water or hand drying materials. However, the effectiveness of these compounds depends on how much soil (bioburden) is present on the hands. Workers in health care environments and other public places must wash their hands before using antiseptics and/or wearing gloves. However, alcohol-based antiseptics, also called rubs and sanitizers, can be very effective for rapidly destroying some pathogens by the action of the aqueous alcohol solution without the need for water or drying with towels.

8/22/2014· Medical - Medicine

Why Are Education, Training, Regulation, Safe Practice, and Practitioner Supervision So Important for Laser Surgery and Procedures?

By: Dr. Warren Seiler

During the past ten to fifteen years, the number of cosmetic laser and light procedures performed has exploded. According to a 2012 report by the American Society of Plastic Surgeons, the following increases have occurred:

8/21/2014· Accident Prevention & Safety

Forensic Clues: Lawnmower Accidents

By: John Ryan, BSME, PE

Lawnmowers cause over 50,000 emergency-room visits every year, based on NEISS data on consumer product injuries. These injuries are distributed evenly between ride-on and walk-behind style mowers. The necessary cutting action of a mower results in an inherent hazard, until technology is developed that can cut grass but not living tissue. While various safety advances over the years have reduced the amount of injuries, the extremely high number of accidents related to mowers that continue to occur show the need for further enhancement of product safety.

8/1/2014· Plants & Trees

Valuing Plants That Have No Value

By: Joe Samnik

There are no formulas to assist a plant appraiser in valuing a plant that has no value in the marketplace due to its small size (Think, tree farms and liners, seedlings, or other immature plants which have suffered a casualty). Almost without exception, an appraiser will either value the immature plant as if it were a mature plant, or rely upon the weakest of all strong arguments, ipse dixit ("because I said so") to substantiate his opinion; however, the latter approach to value is being challenged more and more in court by judges.

7/31/2014· Hotels & Hospitality

Hotel Management - The Turnaround

By: Neal Dhanani

Hotel turnaround management consists of several ingredients. First and foremost, time is of the essence. Speed and time in which the actions are taken will decide if and how the turnaround will be take effect or be completed. Along with speed, a strategic plan needs to be created by studying the market, comp-set, and property. The plan should include the basic who, what, when, where and how. Without a map, strategic plan, one cannot reach their destination.

7/28/2014· Product Liability

Should Food Carry Warning Labels?

By: Dr. Gerald M. Goldhaber

Ten years ago, Federal Judge Robert Sweet ruled in the Pe1man v. McDonald's Corp. case that the plaintiffs' complaint failed to prove that McDonald's was responsible for the two teenagers' obesity. Attorney David Wallace wrote in a recent issue of Product Liability Law and Strategy that given the statistics (1/3 of U.S. adults and 17% of U.S. children are obese), "the number of potential claimants is staggering." While the original claims in the Pe1man lawsuit may be difficult to prove on causation, specifically linking the consumption of higb-fat, high-salt fast foods directly to the effects of obesity, such as Type 2 diabetes and other cardiovascular risks, a different claim may be more successful.

7/25/2014· Legal Issues

Court Determines Failure to Disclose Deferred Down Payment is a Rees-Levering Violation

By: Darryl Horowitt

Many consumer lawyers have argued that the failure to disclose a deferred down payment constitutes a Rees-Levering violation even if the amount of the down payment is accurately stated. An issue did, however, exist as to whether or not the inadvertent exclusion of a deferred down payment on the line for a down payment constitutes a Rees-Levering violation. This question has been answered by the court in Rojas v. Platinum Auto Group, Inc. (January 15, 2013) 212 Cal.App.4th 997.

7/23/2014· Transportation

The Creep of Common Carrier Status

By: Ned Einstein

As it affects liability, an operating agency's status as a "common carrier" has an enormous impact not only on determining liability itself, but depending on legal constructs in various states, can also affect considerations like immunity and/or the assessment of punitive damages - often barriers to the assessment of damages afforded to public agencies. So except for motorcoaches deployed in commuter/express service under contract to public transit agencies, these latter considerations rarely affect motorcoach operations in the courtroom.