Category: 1st Circuit
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High-End Oven Maker Disputes Right to Use Julia Child Images
The manufacturer that sells the Bosch®, Thermador® and Gaggenau® brands of home appliances has sued the Julia Child Foundation for Gastronomy and the Culinary Arts seeking a declaration that it has not infringed the defendant’s trademarks and copyrights or the publicity rights related to the late Julia Child. BSH Home Appliances Corp. v. The Julia…
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Salami Maker Seeks $33.1 Million from Recall in Default Judgment Against Seasonings Co.
Daniele International, Inc. has requested that a federal court in Rhode Island enter a $33.1 million default judgment against a spice and seasonings company that allegedly supplied the Salmonella-tainted pepper which resulted in a recall of more than 1.2 million pounds of salami products in 2010. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No.…
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Maine High Court Adopts Strict Liability Standard for Defective Food Products
The Maine Supreme Judicial Court has adopted the “reasonable consumer expectation” test to determine whether a boneless turkey product allegedly containing a bone was defective. Pinkham v. Cargill, Inc., No. 11-340 (Me., decided July 3, 2012). So ruling, the court vacated the lower court’s grant of summary judgment and remanded for further proceedings. Plaintiff Stanley…
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Claims Rejected: Deregulation of GE Alfalfa, Lead in Fruit Juice, MDL Transfer of “All Natural” Skinnygirl Margarita® Actions, U.S. Supreme Court Review of $97.4-Million Nicaraguan Judgment in Banana Worker Exposure to Pesticides
According to news sources, the Center for Food Safety, which lost its challenge to the U.S. Department of Agriculture’s (USDA’s) decision to deregulate without restriction genetically engineered (GE) alfalfa, plans to appeal the matter to the Ninth Circuit Court of Appeals. A federal court in California determined on January 5, 2012, that the law does…
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First Circuit Orders Further Proceedings in Sugar Documentary Defamation Case
The First Circuit Court of Appeals has determined that, while Dominican Republic plantation owner executives are limited-purpose public figures for purposes of a defamation lawsuit involving a documentary film critical of their operations, the district court erred in denying a motion to compel the disclosure of documents that could pertain to actual malice. Lluberes v.…
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First Circuit Denies Insurance Coverage in Deceptive Pomegranate Ad Suits Against Welch
The First Circuit Court of Appeals has upheld a district court ruling that Welch Foods, Inc. was not entitled to defense costs and indemnity under an insurance contract which provided an exclusion for claims involving unfair competition and deceptive trade practices. Welch Foods, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, No. 10-2261…
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Fruit Juice Makers Seek Dismissal of MDL Lead-Content Suits
A number of fruit juice manufacturers have filed a motion to dismiss the multidistrict litigation (MDL) consumer fraud lawsuits pending in a Massachusetts federal court. In re: Fruit Juice Prods. Mktg. & Sales Practices Litig., MDL No. 2231 (D. Mass, motion filed July 29, 2011). The lawsuits, involving plaintiffs from California, Colorado, Florida, and Massachusetts, allege…
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Fishy Seafood Labels Result in Felony and Misdemeanor Convictions
According to the Department of Justice, a Massachusetts-based fish packer has been convicted of several criminal charges for falsely labeling packages of frozen fish fillets. A federal jury in Boston found Stephen Delaney guilty of a felony violation of the Lacey Act for falsely labeling $8,000 worth of frozen pollock, a product of China, as…