Category: Issue 367
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Burger King Franchisees Seek Declaration of Non-Liability
A number of Burger King Corp. franchisees in California have filed a complaint for declaratory relief in federal court, claiming that the company has no basis for demanding that they pay the cost of settlement or its attorney’s fees and costs in a recently settled disability discrimination lawsuit. Newport v. Burger King Corp., No. 10-4511…
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Issues Narrowed in Texas Bellwether GM Rice Contamination Cases
A multidistrict litigation (MDL) court in Missouri has issued a number of rulings on motions for summary judgment and to exclude or limit expert testimony in the bellwether cases involving Texas rice farmers who allege that contamination of the U.S. rice supply with genetically modified (GM) rice caused a precipitous decline in prices for their…
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MDL Court Dismisses Plaintiffs in Contaminated Peanut Butter Litigation
A multidistrict litigation (MDL) court has dismissed the claims of 16 plaintiffs who alleged that they or their minor children became ill as a result of eating peanut butter contaminated with Salmonella. In re ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845 (N.D. Ga., decided September 29, 2010). According to the court, “The best…
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Ice Cream Consumers Agree to Settle Fraudulent Labeling Claims
A federal court in New Jersey has issued a preliminary order granting certification of a nationwide class for settlement purposes in litigation against Unilever U.S., Inc., alleging that reduced-calorie labels for its Breyers Smooth & Dreamy Ice Cream® violated consumer fraud law. Ercoline v. Unilever U.S., Inc., No. 10-01747 (D.N.J., order filed October 4, 2010). The…
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Application of FOIA’s Personal Privacy Exemption Before U.S. Supreme Court
The U.S. Supreme Court has decided to hear the appeal of case that involves the application of a personal privacy exemption under the Freedom of Information Act (FOIA) to federal agency law enforcement records involving corporations. FCC v. AT&T Inc., No. 09-1279 (U.S., certiorari granted September 28, 2010). The Third Circuit Court of Appeals barred the…