Category: 2nd Circuit
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Snapple Seeks to Dismiss Remaining Individual Claims in HFCS Litigation
Snapple Beverage Corp. has requested that a federal district court dismiss the individual claims remaining in litigation alleging that the company misled consumers by labeling beverages containing high-fructose corn syrup (HFCS) as “all natural.” Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., motion filed September 17, 2010). In August 2010, the court issued an order…
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Federal Court Says Individual Issues Predominate in HFCS Litigation Against Snapple
A federal court in New York recently refused to certify a statewide class of consumers who allege that Snapple Beverage Corp. misled them by marketing its products as “all natural” when they actually contain high-fructose corn syrup (HFCS). Weiner v. Snapple Beverage Corp., No. 07-8742 (S.D.N.Y., order entered August 5, 2010). The court apparently determined…
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Court Approves $50 Million Settlement of Claims Against Bankrupt Diacetyl Defendant
A New York bankruptcy court will reportedly allow Chemtura Corp. to resolve 90 percent of the respiratory disease claims pending against it for $50 million, or one-third of the $150 million sought by factory workers allegedly exposed to the popcorn-flavoring ingredient diacetyl. In re: Chemtura Corp., No. 09-11233 (S.D.N.Y., settlement approved August 23, 2010). Responding…
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Restaurant Workers Sue Mario Batali and Joseph Bastianich
Renowned restaurateurs Mario Batali and Joseph Bastianich have reportedly been sued by workers in their East and West Coast restaurants. A complaint filed in late July 2010 by current and former employees of New York City’s Babbo Ristorante e Enoteca was amended to include a class of employees who work in five additional east coast…
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Consumer Claims Fruit Snack Marketing is False and Misleading
According to news sources, a New York woman is seeking $5 million in damages in a putative class action against General Mills, alleging that the company falsely promotes its Fruit Roll-Ups® and other fruit snacks as nutritious and healthy while failing to properly disclose to consumers that partially hydrogenated oil is a product ingredient. McClure…
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Chocolate Drink Makers Sued for Alleged Misleading Marketing Claims
The attorneys for a woman who recently reportedly sued General Mills for failing to properly disclose that its fruit snack products contain partially hydrogenated oil also represent a man who has filed similar claims against the companies that make and sell Yoo-Hoo®, a chocolate beverage. Dahl v. Mott’s LLP, No. __ (E.D.N.Y., filed June 29,…
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Master Recommends Denying Class Certification Motion in Ground Beef E. Coli Case
A federal magistrate in New York has recommended that the district court deny the class certification motion filed by plaintiffs who allege either personal or economic injury from the purchase of frozen ground beef products purportedly tainted with E. coli. Patton v. Topps Meat Co., No. 07-654 (W.D.N.Y., recommendation entered May 27, 2010). The defendants include…
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Federal Appeals Court Sends Obesity Disability Litigation Back to Trial Court
The Second Circuit Court of Appeals has returned to a federal district court litigation alleging that a karate instructor was fired because he was obese in violation of a New York City law that forbids disability-based workplace discrimination. Spiegel v. Schulmann, No. 06-5914 (2d Cir., decided May 6, 2010). According to the appeals court, no cases…