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The chain has been experimenting with salads and other types of healthy fare for some months in a bid to soften criticism from nutritionists and avoid class action liability in lawsuits brought by people blaming fast food for their obesity.
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Seeking to scuttle the deal is Theodore H. Frank, who directs the Legal Center for the Public Interest at the American Enterprise Institute, where he writes about class actions, liability and other topics.
Both cases present common questions of law that may limit class-action liability -- an area where the Supreme Court of late has been friendly to business interests.
And on Wednesday, the Supreme Court heard from lawyers on both sides in the case, which may again reveal to what extent the court is willing to shut the courthouse door to everyday plaintiffs to the benefit of corporate defendants, which typically have greater resources to fight lawsuits and resist class-action liability.
A government lawyer argued that that immunity reflected "a balance of evils," adding, "Congress has decided that it would rather protect the P.H.S., make sure that causes of action and liability aren't hanging over the heads of P.H,S.
Regulations constrain their actions and liability and fines affect their ability to earn a profit from causing social harm.
2.24am GMT I think we're seeing the Fabiani/Stapleton/Herman playbook in action here: limited liability confession.
KB Home paid $3.2 million to settle the HUD action without admitting liability or fault, one of the largest settlements collected by the agency's mortgagee review board.
The agreement, which requires approval by a federal court in New York, means Tesco will pay $12m to settle the class action without admitting liability.
The action on employer liability came after the Senate rejected a Republican motion to pull the bill off the floor so it could be reviewed.
For example, a defendant in a battery action might avoid liability by showing that she acted in self-defense or that the plaintiff consented to the otherwise unlawful touching.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com