Dairy Products Liability
On April 13th, the Nashville attorney representing the Tennessee Milk Producer faced a court challenge. This challenge brought to light serious deficiencies in the legal documents prepared by his legal team. Specifically, the complaint charged that the Tennessee Milk Producer had failed to disclose vital information essential to the case. The information in question pertains to a series of emails sent and received by the Milk Processor which directly oppose the interests of the plaintiff. Specifically it was disclosed that one of the emails contained the statement “The Tennessee Milk Processor did not receive or retain any record” which was false on its face and due to which the plaintiff could not prevail in the case.
In light of this it is quite obvious that the Tennessee Milk Processor was well aware that the emails did not pertain to the subject of the lawsuit. Moreover, it is equally clear that the information must have been communicated to the legal counsel before he or she proceeded any further. It should also be noted that even if the information was disclosed prior to the lawsuit being filed in the courts, this would have been immaterial as the mere communication would have been of no value to the defense. The court found otherwise and found that the statements in the emails that relate to the settlement amounts were not protected by any privilege and could not be used against the plaintiffs. Thus, from this point of view the information should have been disclosed at the time it was communicated and this would have saved the defense and their client a lot of money and time.
The information in the emails came to light only after the case was heard before the judge in the District Court. The judge instructed the Tennessee Milk Processor not to disclose any more information about the case and also ordered them not to do any media interviews discussing the case. As a result of this order the plaintiff’s legal team made an admission that they had completely ignored the information from the email as the information was not important to the case. This is rather unfortunate, as it also meant that they had waived their rights to any damages as per the law. Of course, this is not the end of the matter. The fact that no damages have been awarded shows that the information was irrelevant and the case was illegitimate to begin with.
There are also many other areas in which the dairy industry has been able to abuse the legal system to its advantage. For example the courts have been relatively lenient towards the dairy industry in general in recent years. The ruling on the Seabrook lawsuit is just one example of this. These kinds of rulings are not very common but there are other examples where the legal system is bending over backwards to favor the dairy industry. The Tennessee Milk Marketing Board has also been bending over backwards to give the dairy industry preferential treatment both financially and otherwise.
In essence this means that the dairy industry is getting whatever they can in order to get a settlement out of the case. Sometimes this may mean sacrificing a bit of a profit for a chance at a settlement. In the end however, it is the settlement that has to be paid and the only way to get it is through the court process. If you have been injured in an accident that was the fault of another person or vehicle and you have received a settlement as a result of that accident then you should not give up. Even if the company that caused the accident has an insurance adjuster looking to get your settlement, you will still have to go to court to receive it.
The next time you see a Dairy Products liability on a label, you should know that it may be due to some negligence in some way. Sometimes the label isn’t telling the whole story and there may be some truth to the claims being made. You need to take action in order to ensure that you don’t lose any money in compensation for something that could have been prevented. By taking action in the first place, you are taking control of the situation and ensuring that you receive fair compensation. This is important in a case like the Tennessee Milk Lawsuit
