Category: 1st Circuit
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Seafood Spread Maker Sues Packer for Adding Egg to Product
A company that sells a variety of seafood spreads has sued one of its packers, which allegedly added undeclared eggs to the company’s smoked salmon spread. Sau-Sea Foods, Inc. v. Lukas Foods, Inc., No. 11-00104 (D. Me., filed March 23, 2011). The plaintiff apparently learned about the problem after the Food and Drug Administration (FDA)…
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Court Rules Tip-Sharing at Starbucks Violates Massachusetts Law
A federal court in Massachusetts has certified a class of Starbucks’ employees alleging that the company’s policy of requiring tip-sharing by baristas and their supervisors violates state law; the court also granted the plaintiffs’ motion for summary judgment on that issue. Matamoros v. Starbucks Corp., No. 08-10772 (D. Mass., decided March 18, 2011). So ruling,…
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Cranberry Dispute Erupts in Antitrust Litigation
Ocean Spray Cranberries, Inc. has filed a lawsuit against a competitor alleging that it has orchestrated “an unlawful and malicious campaign” against Ocean Spray designed to damage the company’s reputation, frustrate its relationships with customers and undermine its dealings with grower-owners and other cranberry growers in the industry. Ocean Spray Cranberries, Inc. v. Decas Cranberry…
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Meat Processor Sues Spice Suppliers in Salmonella Contamination Outbreak
A meat manufacturer that recalled more than 1 million pounds of meat products linked to a Salmonella outbreak that purportedly sickened more than 250 consumers in 44 states has reportedly sued the companies that supplied the red and black pepper allegedly identified as the source of the contamination. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings,…
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First Circuit Strikes Down Massachusetts Wine Shipping Law Under Commerce Clause
The First Circuit Court of Appeals has upheld an injunction against the enforcement of a Massachusetts law that regulated wine shipments in a manner that changed “the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts wineries and significantly burdens out-of-state wineries.” Family Winemakers of Cal. v. Jenkins, No. 09-1169 (1st Cir.,…
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Welch Foods Seeks Insurance Coverage for Pomegranate Juice Litigation Defense
Welch Foods Inc. has filed suit against its insurers claiming that they have a duty to defend and indemnify the beverage maker in litigation alleging that the company deceptively marketed its “100% Juice White Grape Pomegranate Flavored 3 Juice Blend”®. Welch Foods Inc. v. Zurich Am. Ins. Co., No. 09-12087 (D. Mass., filed December 8,…
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Court Orders $1.9 Million in Restitution for False Advertising of Diet Product
A federal court in Connecticut has ordered the payment of $1.9 million in equitable restitution to consumers who purchased Chinese Diet Tea and Bio-Slim Patch in 2003-2004. FTC v. Bronson Partners, LLC, No. 04-1866 (D. Conn., decided December 4, 2009). The court determined in 2008 that the Federal Trade Commission’s (FTC’s) claims of false advertising…
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Additional Litigation Filed over E. Coli in Ground Beef
Plaintiffs’ lawyer William Marler has apparently filed a second lawsuit against New York-based Fairbank Farms for injury allegedly caused by consumption of E. coli-tainted ground beef. According to Marler, the suit has been filed in a Maine state court on behalf of a woman who was hospitalized for six days after consuming meat produced by…