Sunday, December 14, 2007
SETTLEMENT TALKS CONTINUE:
We write since it has been a while since our last update. There remains,
however, nothing new of any significance to report. As before, though, this
does NOT mean that a great deal of work has not been done. Your cases
continue to progress. However, settlement, either on an individual or
global (class wide) basis has not been reached. As with every other
update, the fact that we - as your attorneys individually or in conjunction
with other MDL (multi-district litigation) attorney groups - continue to
negotiate and work toward a settlement of your case, does not mean we
simultaneously are not preparing for trial. We tend never to let our guard
down.
In summary: we have been to more meetings directly with ConAgra lawyers and
head corporate legal counsel before Judge Christopher Skelly in Phoenix. We
also have met with a different MDL-sponsored mediator and ConAgra counsel on
the east coast. Finally, we have kept in contact with the west coast law
groups that have had similar meetings with ConAgra to assure that ConAgra
does not begin a "bidding war" between our groups and clients. All three of
these roads continue to lead to various, mostly-positive results, yet the
pace remains slower than initially hoped.
One of the reasons for the slower pace is ConAgra's corporate counsel became
side-tracked by the unrelated salmonella outbreak associated with its Pot
Pie production in the Midwest. However, since that time we have had
mediation sessions with this gentleman and he appears back on task with our
group.
MDL PROCEEDINGS:
In Mr. Karnas' role as an appointed member of the Executive Committee and
Mr. Orlando's role as an appointed member of the Litigation Steering
Committee, decent progress has been made in MDL proceedings. The final
Master Complaint (the pleading representing all class victims nationwide)
has been drafted and filed and we await ConAgra's Answer to the Complaint.
Mr. Orlando is engaged in preparing Plaintiff's Fact Sheets
(self-explanatory) for those clients of our group who serve as Class
Representatives.
In addition, Roger has found himself, for the benefit of ALL of your cases,
emerged back in the science portion of your case - working with the
epidemiologist and testing lab scientists in developing working models of
BAX and culture salmonella DNA extractions from peanut butter. In short,
working toward establishing the necessary proofs concerning the presence of
salmonella in peanut butter tested within the epi curve. As you may recall,
peanut butter, with it's low water content and high fat content (which
supports other types of bacteria which fight salmonella for "food" and
potentially destroy evidence of its presence) is a difficult medium within
which to detect the presence of salmonella. Nonetheless, our developed
testing protocol remains by far the highest in the country with a greater
than 30% success rate. This lab and your testing protocol remain under
exclusive contract with us for your benefit.
In any event, in the event we have to try any of your cases in court to
light a fire under ConAgra, we remain in preparation on the science to link
your salmonella infection to ConAgra's peanut butter. While on one hand
ConAgra admits that some of its peanut butter contained salmonella bacteria,
on the other representatives claim the incidence of adulteration is so low
that most of you were made ill by flu or salmonella from some other source.
We intend to prove them wrong. We do not represent clients in whom we do
not believe.
GAME PLAN, i.e., FURTHER HANDLING:
Hard to say without sounding complacent - which we are not - however, we
simply state that we intend to continue to push your cases simultaneously
toward settlement AND trial. Whichever produces results first remains to be
seen. We only ask that you (1.) believe and support us in the massive
efforts we have undertaken since earlier this year, and (2.) remain patient
while we seek justice for you.
NEW CLIENTS:
Two more law firms have now referred their peanut butter cases to us and we
wish to welcome these new clients and thank all involved for your trust and
confidence in us.
REMINDERS TO ALL:
Do not mail, ship, freeze, place in direct sunlight or bring your peanut
butter on an airplane. Any of these actions could destroy the presence of
salmonella in your product in the chance we ever have to test it. Instead,
make sure you mark the peanut butter (perhaps by bagging it) so that no-one
else consumes the product (especially children) and maintain it either in a
dark closet or in the refrigerator if that is where it originally was kept
in your household. We prefer the pantry, unless you originally had it under
refrigeration - if so, keep it at that constant temperature.
Although seldom will we have any information not already reflected on this
website, you still are free to telephone either Roger Orlando or the "Peanut
Butter Paralegal," Ms. Zany Dunlap - toll free at 1-866-373-1800. You may
email us as well: roger@OrlandoFirm.com or zany@OrlandoFirm.com.
However, we ask that you do NOT contact us to ask our opinion as to what
type of settlement value range your case may hold because even though every
week we come closer to knowing this answer, at this time we have little
idea. Trust only that our intent remains to maximize your recovery for the
illness, pain, suffering and inconveniences visited upon you and, even worse
in a number of cases, your children.
If there are no further updates between now and year's end, on behalf of
David Karnas, Andy and Zany Dunlap, our law firms (both made up of good
people, I assure you) and myself - have a safe and happy holiday. Please
find peace, rest, love and grace.
Roger W. Orlando
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