Salmonella Peanut Butter Product Recalls
Salmonella Peanut Butter Product Recalls - Salmonella Food Poisoning Lawyers Explain That Lawsuits Remain Viable After Bankruptcy of Peanut Corporation of
Salmonella Peanut Butter Product Recalls - Salmonella Food Poisoning Lawyers Explain That Lawsuits Remain Viable After Bankruptcy of Peanut Corporation of America, Against Manufacturers who Distributed and Sold Contaminated Peanut Products And All Companies in Chain of Commerce.
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Mr. Henke is a senior trial lawyer with the Food Poisoning Attorneys Law Group
Despite that Peanut Corporation of America filed Chapter 7 Bankruptcy on February 13, 2009, our Salmonella food poisoning lawyers consider that those suffering illness and the families of those who have passed away as
the result of the salmonella contaminated peanut products will have ample opportunity to fully recover compensation for their injuries and damages, their medical expense and lost earnings.
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The press has followed the Peanut Corporation of America bankruptcy and our Salmonella food poisoning lawyers consider that it is accurate, as others have suggested, that there may be little to recover from PCA or its subsidiary
Plainview Peanut Company, which was the source of the salmonella outbreak that has resulted in hundreds of cases of illness and 9 confirmed deaths.
However, our salmonella attorneys are informing those who have contracted salmonella poisoning that lawsuits may properly be filed against all the companies in the “chain of commerce,” from the raw product manufacturer to the secondary manufacturers, of which there are over 2000 who have thus far recalled their products, to the distributors of those products through to the retailer from whom the product was purchased off the shelf.
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Identifying the product, the manufacturer of the product, and the retailer, is the salmonella food poisoning lawyer’s first line of inquiry in ariving at the chain of commerce in any particular case.
Our Salmonella lawyers provide on a List of 2000 Products Recalled as a part of our general discussion of the litigation, these product having been recalled because they contained peanut or peanut butter paste or product manufactured at the Peanut Corporation of America Plainview plant.
In litigation “discovery” the PCA salmonella attorneys will identify the intermediate distributors are to fill out the full chain of commerce from the Plainview plant to the retailer. Any or all of those in the chain of commerce may be sued, which is a litigation strategy.
Most commonly all will be brought together along with all or the majority of plaintiffs in multi-district litigation, or sometimes class actions. Salmonella food poisoning lawyers familiar with all of the potential litigation choices and capable of processing these varying types of lawsuits are generally best suited to advise their clients on their procedural options.
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To complete our salmonella food poisoning lawyers analysis of the effect of Peanut Corporation of America’s bankruptcy, it is necessary to explain that the first obstacle to any recovery against PCA and its subsidiary, the Plainview Peanut Company, is the “automatic stay of bankruptcy.”
The “stay” automatically halts in its tracks all ongoing litigation against the company. “Relief from the stay of bankruptcy” can be obtained from the bankruptcy court, and our
Salmonella food poisoning lawyers have been successful in obtaining such relief from the stay of bankruptcy in several consolidated lawsuits, to permit the cases to go forward against the bankrupt to obtain judgments for damages that can be asserted in the bankruptcy
proceedings. In some past cases our attorneys have not only obtained relief from the stay of bankruptcy to permit the civil lawsuits but have also filed affirmative lawsuits against the bankrupt in the bankruptcy court so that it would be possible to assert judgments against a
bankrupt even following the bankruptcy, although the likelihood appears at the moment, that PCA will not survive bankruptcy. And the utility of such lawsuits may become secondary where there are ample assets and insurance to pay the claims among the others identified in the chain of commerce.
In summary, while there has been much discussion in the press with regard to Peanut Corporation of America’s bankruptcy, our salmonella food poisoning lawyers would hope
that victims of the salmonella outbreak will not consider that they have no legal avenue to obtain compensation for their illness, the wrongful death of their loved one, and the other damages
they have sustained. Our salmonella attorneys are certain that there will be ample assets and insurance among those identified in the chain of commerce to compensate all victims of this tragic national food poisoning outbreak.
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