Category: 10th Circuit
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Magistrate Recommends Hold on “100% Natural” Suit Against General Mills
A federal magistrate has recommended that General Mills’ motion to dismiss a putative consumer fraud class action be denied without prejudice and that, under the primary jurisdiction doctrine, the suit be stayed “pending action by the FDA [Food and Drug Administration] with respect to the referral made by Judge Rogers in Cox v. Gruma. Van…
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Colorado Supreme Court Disqualifies Marler Clark from Foodborne Illness Suit
A divided Colorado Supreme Court has determined that a trial court did not abuse its discretion when it refused to grant the motion for pro hac vice admission filed by Seattle-based law firm Marler Clark to represent a plaintiff in a foodborne illness lawsuit. In re Liebnow v. Boston Enters. Inc., No. 12SA83 (Colo., decided…
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Court Approves FDA Consent Decree over Tainted Peanut Butter Outbreak
A federal court in New Mexico has approved a consent decree of permanent injunction between the Food and Drug Administration (FDA) and Sunland, Inc., which owns a facility where peanut butter products purportedly tainted with Salmonella were produced. United States v. Sunland, Inc., No. 12-1312 (D.N.M., filed December 21, 2012). The outbreak affected “at least…
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GMOs in Cheddar Goldfish Crackers Allegedly Belie “Natural” Label
A Colorado resident has filed a lawsuit on behalf of a putative nationwide class against Pepperidge Farm, Inc., alleging that the company misleads consumers by labeling its Cheddar Goldfish crackers “natural,” because they contain genetically modified organisms (GMOs) “in the form of soy and/or soy derivatives.” Bolerjack v. Pepperidge Farm, Inc., No. 12-2918 (D. Colo.,…
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Chipotle Claims Jack in the Box Is Infringing Its Trademark
Chipotle Mexican Grill, Inc. has filed another infringement action against a retailer allegedly selling a chicken sandwich combo using the CHIPOTLE® trademark. Chipotle Mexican Grill, Inc. v. Jack in the Box, Inc., No. 12-02511 (D. Colo., filed September 21, 2012). Information about the trademark infringement lawsuit Chipotle filed in April against Kroger Co. appears in Issue…
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Jury Awards Colorado Man $7.2 Million for “Popcorn Lung”
A federal jury has reportedly awarded $7.2 million to a man who claimed that he developed bronchiolitis obliterans, a debilitating lung disease also known as popcorn lung, from consuming two to three bags of microwave popcorn every day for six years. Watson v. Dillon Cos., Inc., No. 08-91 (D. Colo., decided September 19, 2012). Details…
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U.S. Cattle Ranchers Sue WTO over Ruling on Country of Origin Labeling Act
The Ranchers-Cattlemen Action Legal Fund, United Stockgrowers Association (R-CALF USA) has filed a complaint for declaratory and injunctive relief in a Colorado federal court against the World Trade Organization (WTO) and U.S. Department of Agriculture Secretary Tom Vilsack, alleging that WTO’s determination that the U.S. Country of Origin Labeling Act (COOL) imposes discriminatory burdens on…
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Tenth Circuit Limits E. Coli Insurance Coverage
The Tenth Circuit Court of Appeals has determined that a 2008 E. coli outbreak involving food prepared and served at a restaurant and a catered event constituted a single occurrence under the relevant insurance policies, thus reversing a magistrate judge’s conclusion that there were two occurrences and application of the policies’ aggregate limits rather than…