Category: Issue 454
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SHB’s Phil Goldberg Comments on Pet-Injury Litigation Involving Non-Economic Damages
Shook, Hardy & Bacon Public Policy Partner Phil Goldberg has co-authored, with the current chair of the New Jersey State Bar Association’s Animal Law Committee, a commentary titled “Barking Up the Wrong Tree,” published in the September 17, 2012, issue of the New Jersey Law Journal. The commentary discusses a New Jersey Supreme Court ruling…
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Second Class Action Filed Against Frozen Dessert Maker over Misstated Calories
A California resident has filed a putative nationwide class action with a California subclass against a company that makes low-calorie frozen desserts that allegedly have as much as 68 percent more calories than touted on the product label. Freeman v. Arctic Zero, Inc., No. 12-2279 (S.D. Cal., filed September 18, 2012). Similar putative class claims…
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Frito-Lay Bean Dip Targeted in “All Natural” Lawsuit
A Florida resident has filed a putative statewide class action alleging that Frito-Lay falsely labels its snacks, including “Bean Dip products,” as “ALL NATURAL” despite the use of ingredients—particularly soy—containing genetically modified organisms (GMOs). Altman v. Frito-Lay N. Am., Inc., No. 12-61803 (S.D. Fla., filed September 13, 2012). The gist of the complaint is that…
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New Class Action Alleges Ben & Jerry’s Ice Cream Is Not “All Natural”
The day after a California court apparently refused to approve the settlement of class claims against the company that makes “All Natural Ben & Jerry’s Ice Cream,” an Illinois resident filed a putative class action against the company in a New Jersey federal court, alleging that the product contains many unnatural ingredients including those that…
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California Law Applied to Costco’s Cheese Recall Insurance Coverage Dispute
Finding that California law applies to a dispute between Costco Wholesale Corp. and Nationwide Mutual Insurance Co., a federal court has dismissed Costco’s claims for violations of Washington state law and for bad faith coverage by estoppel arising out of the insurer’s refusal to handle claims of personal injury from cheese that Costco sold. Costco…
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Court Refuses to Enjoin California’s Foie Gras Ban Pending Challenge Resolution
A federal court has reportedly denied the request of Canadian and U.S. foie gras producers to preliminarily enjoin the enforcement of California’s law barring the sale of food products made from force-feeding birds. Association des Éleveurs de Canards et d’Oies du Québec v. Harris, No. 12-5735 (U.S. Dist. Ct., C.D. Cal., order entered September 19, 2012).…
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$33 Million Default Judgment Entered Against Spice Co. over Salami Recall
A federal court in Rhode Island has reportedly agreed to enter a default judgment of $33 million against a spice company purportedly involved in a 2010 Salmonella outbreak affecting a salami product that sickened more than 250 people in 44 states. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-155 (D.R.I., decided September…
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Florida Court Dismisses Claims That Honey Sold at Target Isn’t Honey
While a federal court in Florida has dismissed a putative class action alleging that Target Corp. violates consumer fraud laws by selling honey that does not conform to the state’s honey standard, it gave the plaintiff leave to amend the complaint and also found that (i) the plaintiff had standing to bring the claims, (ii)…