Obesity

News & Analysis as of

Power to the Patients: FDA Employing New Methods for Medical Device Approvals

At the Food and Drug Administration’s Center for Devices and Radiological Health, the new year started off with an approval of the first therapeutic weight loss option for obese patients since 2007....more

Mayo Clinic and Gentag, Inc. To Develop Wireless Sensors for Treatment of Obesity and Diabetes

Mayo Clinic and Gentag, Inc. have reached a joint intellectual property (IP) agreement to develop wearable biosensors designed to fight obesity and diabetes.  According to the press release, the agreement will allow certain...more

Obesity can be a disability, ECJ confirms

Ben Gorner, a Partner in our Birmingham office, comments: As we reported in Be Aware on 1 July and 18 July, the ECJ was recently asked in the case of Kaltoft v Kommunernes Landsforening to consider whether obesity should be...more

Is Obesity an Environmental Problem?

Like Canada, environmental contamination gets blamed for a lot of things wrong in America. But a recent study in a respected NIH journal, Environmental Health Perspectives, offers a novel expansion of what in our lives that...more

Ugh! – Does this ADA Claim Make Me Look Fat?

We are all familiar with the Americans with Disabilities Act. The ADA prohibits discrimination based upon actual or perceived medical disabilities, and the ADA requires employers to accommodate employees with disabilities...more

Is Obesity a Disability?

The Advocate General (the top legal counsel of the European Court of Justice (ECJ)) has given his opinion on whether obesity is a disability for the purposes of EU discrimination law in the case of Karltoft v Municipality of...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Senators express concern about FDA’s use of draft guidance documents to...more

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

A study released by the Center for Disease Control in August 2012 estimates that 32 percent of adults in Alabama are obese. Alabama regularly appears in the Top Five of the list of “heaviest states,” currently weighing in at...more

Getting the Best Medical Care: a Newsletter from Patrick Malone - November 2013

In This Issue: - The Size of the Problem - Searching for No-Fat Mr. Goodbar - A Prescription for Doctors - A Prescription for Patients - Excerpt from Introduction: The More Weight-Loss...more

Polsinelli Podcast - What Employers Need to Know About Obesity in the Workplace [Video]

Recently, the American Medical Association recognized obesity as a disease rather than a medical condition. How could this potentially impact employers and workplace issues? In this week's "Inside Law," podcast,...more

"You Want Fries With That? New North Carolina Law Restricts Obesity Related Tort Claims"

North Carolina House Bill 683, known as the Commonsense Consumption Act (“Act”), became effective on October 1, 2013. The Act contains two main provisions. First, it provides that no city or county ordinance may prohibit the...more

New Laws Affecting North Carolina Businesses Kick in Today

Several new laws affecting North Carolina business owners take effect today: -- In an effort to foster a competitive marketplace in the construction industry, HB 110 prohibits the state from requiring private...more

Quirky Question #209, Obesity as a Disability under MT Law

We are in Montana and a very obese woman recently applied for a manager position. The position is more physical than most in that there is significant walking between facilities, and the candidate must climb ladders to view...more

Michigan District Court Dismisses Disability Disparate Impact Class Claim

Class action lawsuits alleging disability discrimination are uncommon, and those involving disparate impact claims are less common still. This is due, in part, to the fact that unlike other types of discrimination claims, a...more

Employment Law -- Sep 12, 2013

Federal Agencies Respond to Supreme Court’s DOMA Ruling - In the wake of the U.S. Supreme Court’s decision to strike down part of the Defense of Marriage Act (“DOMA”), federal agencies are starting to respond with new...more

Obesity as a Disability Under the ADA: Is it More Likely Now Than Before?

In July, the American Medical Association (AMA) adopted a new policy that officially labels obesity as a disease, “requiring a range of medical interventions to advance obesity treatment and prevention.” According to the...more

AMA’s Recognition of Obesity as a Disease May Trigger Increased Claims under Employment Practices Liability Coverage

In June, the American Medical Association (AMA) adopted a policy recognizing “obesity” as a “disease” requiring a range of medical intervention. With “obesity” now recognized as a “disease” by the AMA, obese employees may be...more

Legal Alert: Obesity Is A Disease, But Is It A Disability?

The American Medical Association's (AMA's) declaration that obesity is a disease could open the door to a new wave of lawsuits under the Americans with Disabilities Act (ADA). ...more

Is obesity a disease? The American Medical Association says “yes”; the Americans with Disabilities Act says . . .

In June 2013, the American Medical Association (AMA) declared obesity a disease. The president of the AMA gave several reasons for this declaration “[R]ecognizing obesity as a disease will help change the way the medical...more

Labor & Employment E-Note - August 15, 2013

In This Issue: - NLRB Rulings in Limbo as High Court Reviews Recess Appointments - New Labor Board Members Likely to Help Employers with Disputes - NLRB Says Social Media Restrictions Could Violate Labor Law -...more

Employment Law -- Aug 13, 2013

EEOC Targets Cancer Discrimination - Filing two new lawsuits, the Equal Employment Opportunity Commission is cracking down on employers allegedly discriminating against workers with cancer. In Oklahoma the...more

Will Obesity Claims Be the Next Wave of ADA Litigation?

In a new federal lawsuit in the U.S. District Court for the Eastern District of Missouri, Whittaker v. America's Car-Mart, Inc., the plaintiff is alleging his former employer violated the Americans with Disabilities Act (ADA)...more

Obesity as a Disease: Accommodation Required?

Last month, the American Medical Association (AMA) adopted a new policy recognizing obesity as a disease. As approximately one in three Americans qualifies as obese, the AMA's newly adopted approach to this epidemic likely...more

The Employment Relationship: A Weighty Matter. #EmploymentLaw

Recently the United States was surpassed by Mexico as the most obese nation. Of course this doesn’t change the fact that many people in the United States are overweight. While reasonable minds may disagree as to the severity...more

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