Category: 2nd Circuit
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Federal Prosecutors Claim Veal Companies Cost Industry $500 Million
U.S. attorneys in New York have filed a complaint against three veal producers for allegedly exporting meat containing vertebral column to Japan, which had just reopened its borders to U.S. imports after a two-year ban over a bovine spongiform encephalopathy (“mad cow”) scare. United States v. Atl. Veal & Lamb LLC, No. 11-1034 (E.D.N.Y., filed…
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Court Dismisses Claims That HFCS Beverage Is Not “All Natural”
A federal district court in New York has granted the motion for summary judgment filed by Snapple Beverage Corp. in a case alleging that the company misled consumers by labeling its teas and juice drinks as “All Natural” because the company’s beverages contain high-fructose corn syrup (HFCS). Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., decided…
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Dean Foods Dairy Price-Fixing Settlement Under Attack
According to a news source, a co-defendant in litigation alleging a price-fixing conspiracy in the northeastern U.S. milk market has filed objections to the tentative deal reached by Dean Foods Co. and the dairy farmers who filed the lawsuit. Allen v. Dairy Farmers of Am., No. __ (D. Vt., settlement reached December 24, 2010). More…
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Cases Recently Settled—Dairy Price Fixing, BPA in Baby Bottles
Northeast dairy farmers have reportedly settled their price-fixing claims against Dean Foods Co. for $30 million and injunctive relief requiring the company to buy a portion of its raw milk from multiple sources. Allen v. Dairy Farmers of America, No. __ (D. Vt., settlement reached December 24, 2010). While the agreement requires court approval, it…
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Court Approves Discovery and Motions Schedule in Pelman v. McDonald’s
A federal court in New York has entered an order approving the pre-trial discovery and motions scheduling order agreed to by the individual plaintiffs remaining in the litigation alleging that fast-food marketing caused adverse health effects related to obesity. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., order filed December 15, 2010). Under the terms of…
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Second Circuit Dismisses Burn Claims Against Starbucks
The Second Circuit Court of Appeals has affirmed a district court’s dismissal of claims filed by a 76-year-old woman who alleged that she was seriously burned when trying to remove the lid from a cup of tea she purchased at Starbucks. Moltner v. Starbucks Coffee Co., No. 09-4943 (2d Cir., decided November 3, 2010). The court…
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Pelman v. McDonald’s Corp.: No Class Certification for Obese Teens
A judge from the U.S. Court of International Trade, sitting by designation in a New York federal district court, has determined that the obesity-related claims filed in 2002 against McDonald’s Corp. cannot be pursued as a class action. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., decided October 27, 2010). Essentially, the court found that individual…
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Batali and Bastianich Targeted in New Restaurant Worker Lawsuit
Twenty-seven waiters, busboys and others at New York City’s Del Posto restaurant have reportedly filed a lawsuit against owner Mario Batali and partners Joseph and Lidia Bastianich, claiming that they were not paid a legal wage. The plaintiffs allege that the restaurant’s managers pooled workers’ tips in violation of state labor laws and wrongfully withheld…