Category: Issue 392
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Study Allegedly Links Omega-3s to Aggressive Prostate Cancer
A Fred Hutchinson Cancer Research Center study has reportedly found that men with the highest blood percentages of the omega-3 fatty acid known as docosahexaenoic acid (DHA) “have two-and-a-half-times the risk of developing aggressive, high-grade prostate cancer compared to men with the lowest DHA levels,” according to an April 25, 2011, press release. Theodore Brasky,…
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Workers’ Comp Deductibles at Issue in Pork Employees’ Neurological Disease
A Minnesota appeals court has reportedly decided a dispute over workers’ compensation deductibles in favor of a pork processing company’s insurance carrier in litigation arising from injuries to employees exposed to the mist from pig brain tissue. Quality Pork Processors Inc. is apparently considering whether to appeal the ruling to the state supreme court. According…
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Poultry Farm Cries Foul, Appeals Dismissal of Product Disparagement Suit Against CBS
A Georgia-based poultry farm has reportedly appealed a federal court ruling dismissing libel, slander and product disparagement claims against CBS, which apparently aired a segment on its 60 Minutes program in 2003 about alleged terrorist money laundering involving dead chickens. Mar-Jac Poultry, Inc. v. Katz, No. 03-2422 (D.D.C., dismissal entered March 30, 2011). The D.C.…
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Plaintiff Seeks Motion to Compel in Omega-3 Litigation Against Walnut Company
Contending that Diamond Foods, Inc. has defended its decision to place “heart-healthy” claims on its packaged walnuts on the advice of counsel, and removed them after a Food and Drug Administration (FDA) warning, also on the advice of counsel, the named plaintiff in a putative class action alleging consumer-fraud against the company is seeking the…
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Missouri Couple Charged with Fraud in $3.1 Million Grain Storage Scandal
A federal grand jury has indicted a husband and wife who own a grain storage company in northwestern Missouri, alleging that they conspired to victimize more than 100 farmers at an estimated loss exceeding $3.1 million by selling grain the farmers owned without paying them and by commingling and embezzling the farmers’ money. United States…
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Native American Discrimination Suit Against USDA Settles
A federal court has reportedly approved a $760 million government settlement with Native American farmers and ranchers who claimed that the U.S. Department of Agriculture (USDA) discriminated against them by denying them equal access to credit through the agency’s Farm Loan Program. Keepseagle v. Vilsack, No. 99-03119 (D.D.C., settlement approved April 28, 2011). A final dispute…
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Federal Court Rejects Challenge to Cy Pres Distribution in Frosted Mini-Wheats® Suit
A federal court in California recently granted a motion for final approval of a class action settlement in litigation involving allegations that Kellogg Co. fraudulently claimed that its Frosted Mini-Wheats® cereal “was clinically shown to improve children’s attentiveness by nearly 20%.” Dennis v. Kellogg Co., No. 09-01786 (S.D. Cal., decided April 5, 2011). Additional information…
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Proposed California Beverage Tax Falls Flat
A proposed California bill (A.B. 669) that would have levied a state tax on sweetened beverages has reportedly died in a legislative committee. Sponsored by Assembly Member Bill Monning (D-Carmel), the proposed tax of 1 cent per fluid ounce on soft drinks, energy drinks, sweet teas, and other sugary beverages would have raised an estimated…