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Baumann v. American Family Mutual Insurance, 2012 U.S. Dist. LEXIS 5247

Roy Franco
in Insurance,Medicare

Facts: Plaintiff was struck by an underinsured motorist on February 5, 2010 and incurred over $200,000 in medical expenses.  Medicare was billed $101,202.98 of that expense and paid $19,523.40 in benefits.  Plaintiff, an insured under two separate automobile policies, issued by Defendant, sought reimbursement for her entire medical expense (more than $200,000) under her uninsured/underinsured motorist benefits.  Each policy provided

OLDER POSTS

Product Recall – Global

Ian Harrison

Understanding Recall Issues A major recall in the food manufacturing and retailing sector was once a rare event guaranteed to make the news headlines. Not anymore. Hardly a week passes without some new eruption of salmonella, listeria, E. coli, or other noxious contaminants cropping up somewhere along the food production and distribution chain. When the source is far back along

Taking a Lesson from OSHA Enforcement

William H. Kincaid

OSHA just announced a corporate settlement agreement with a grocery chain.   The agreement settles citations for violations cited at one store.  The hazards cited would be overlooked by many grocery veterans, because they are common practice in so many stores, but they weren’t overlooked by the OSHA inspector.  The settlement agreement allows a roughly 30% reduction in fines while expanding

Safety Incentive and Allocation Programs

William H. Kincaid

In any given company, there’s always someone who had an experience with safety incentives and who thinks they are the golden ticket to lower accident rates.  They are quite commonly used in food processing and distribution facilities.  Yet there is very little factual data to support such beliefs.   In fact, to the contrary, it’s not hard to find companies that

Brazil Likely to Increase Barriers to Chinese

Ade Onitolo

On March 8, 2012, the Brazilian Ambassador to China, Clodoaldo Hugueney, declared that Brazil will intensify its protectionist measures on Chinese imports, which totalled $3 billion in January 2012. Brazil’s main protectionist instrument is anti-dumping safeguards that the government implements, rather than first going to the WTO. From the 90 antidumping cases currently in place, 31 are on Chinese goods.

Risks to Road Cargo in Brazil

Ade Onitolo

The main threat to cargo is highway robbery. According to NTC & Logística, the national association of cargo transport and logistics, there were 13,500 reported cases of cargo robbery in 2010 which resulted in losses of about $622 million. Just over 61% of all cargo in Brazil, much of it destined for export, is transported by road. The association itself

US-EU Organic Trade Agreement

Lori Hardaway

Good news for organic food producers!  Organic food trade between the United States and the European Union will be getting easier this summer.  The two countries have signed an agreement allowing products meeting the organic standards in one country to be sold in the other.  This mutually beneficial arrangement broadens the organic market without imposing further burdens on manufacturers creating

New Industry Standard Governs Safe Food From the Farm

Mark Kinzie

A new Technical Specification has been approved by the International Organization for Standardization (ISO) for detecting, managing, and controlling food safety hazards, beginning with the hygienic environment on the farm.  ISO/TS 22002-3:2011, Prerequisite Programs on Safe Food—Farming Part 3, provides specific requirements that guide the design, implementation and documentation of food safety programs on farms. This is the third in

Exclusive Analysis: Latin America

Ade Onitolo

Latin America is particularly busy with protest action that risks disrupting food supplies in specific locations. Here are just a few examples:  Bolivia Bolivia experiences frequent bouts of extremely disruptive racially and politically motivated unrest. Violent demonstrations and blockades occurred in December 2010 to overturn a fuel price increase decree, in February 2011 to protest against food shortages and transport

EEOC Warns that Requiring a High School Diploma May Violate the ADA

Esther McDonald

The Equal Employment Opportunity Commission has stated that an employer’s requirement that job applicants hold a high-school diploma may violate the Americans With Disabilities Act. The EEOC made the statement in an informal discussion letter posted on the EEOC website last month. The EEOC said that the diploma requirement must be “job related for the position in question and consistent