Category: 11th Circuit
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Court Excludes Defendant’s Neuropsychologist in Peanut Co. Lawsuit
Following a hearing on the admissibility of expert testimony proffered as to Stewart Parnell’s ability to form the intent to commit alleged crimes arising from a national Salmonella outbreak linked to the Peanut Corp. of America, the company he formerly owned, a federal court in Georgia has excluded the expert, finding his testimony unhelpful and…
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No Reconsideration for Expert Exclusion in DHA Omega-3 Fortified Milk Suits
A federal magistrate in Florida has denied the plaintiffs’ request in multidistrict litigation challenging marketing claims that DHA Omega-3-fortified milk supports brain health to reconsider an earlier order excluding the testimony of their expert. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practice Litig., MDL No. 2324 (S.D. Fla., order entered June 17,…
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Peanut Corp. Owner Fails in Effort to Seal “Highly Prejudicial” Email
A federal court in Georgia presiding over the criminal case filed against the former owner of the Peanut Corp. of America, implicated in a nationwide Salmonella outbreak in 2009, has denied Stewart Parnell’s motion to seal an exhibit that the government intends to introduce as Rule 404(b) evidence— that evidence pertaining to crimes, wrongs or…
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Peanut Co. Executive Seeks to Exclude Victim-Impact Testimony at Trial
Stewart Parnell, former president of the Peanut Corp. of America (PCA), linked to a 2008-2009 nationwide Salmonella outbreak that allegedly killed nine who consumed products made with the company’s tainted peanut paste and injured some 700 others, has filed a motion asking the court to exclude “all evidence related to any alleged illness or death”…
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Former Peanut Corp. Manager Pleads Guilty
Samuel Lightsey, who formerly managed the Peanut Corp. of America, which was implicated in a 2008-2009 nationwide Salmonella outbreak, has entered a guilty plea to six of 76 criminal charges, including conspiracy, mail and wire fraud, obstruction of justice, and other counts related to the distribution of adulterated or misbranded food. U.S. v. Lightsey, No.…
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MDL Magistrate Excludes Plaintiffs’ Expert in DHA Omega-3 Fortified Milk Suits
A federal magistrate in Florida has decided that the opinion proffered by the plaintiffs’ expert in litigation challenging “brain health” marketing claims for algal-derived DHA Omega-3 fortified milk products is unreliable, thus granting the defendant’s motion to exclude it. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practices Litig., MDL No. 12-2324 (S.D.…
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Court Denies Motion to Sever Charges Against Stewart Parnell
A federal court in Georgia has denied a motion to sever the criminal charges filed against the former owner of the Peanut Corp. of America, linked to a 2009 nationwide Salmonella outbreak, from charges filed against other company employees. United States v. Parnell, No. 13-cr-12 (M.D. Ga., order entered April 24, 2014). Information about a…
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Court Conducts Daubert Hearing in Criminal Case Against Peanut Co. Owner
A federal court in Georgia presiding over a criminal action against the owner and employees of the now-defunct Peanut Corp. of America, purportedly involved in a 2009 nationwide Salmonella outbreak, conducted a hearing on March 13, 2014, to determine whether the expert testimony proffered as to owner Stewart Parnell’s ability to form the intent to…