Category: 4th Circuit
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Final Court Approval Accorded to Settlement of Salmonella Claims Against Bankrupt Peanut Co.
According to a news source, a federal court in Virginia, adopting a magistrate judge’s recommendation, has approved a $12 million settlement that will compensate those who became ill or died after consuming products containing Salmonella-contaminated peanuts. In re: Peanut Butter Corp. of Am., No. 10-cv-27 (W.D. Va., decided September 2, 2010). Among the 122 eligible claimants are…
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Fourth Circuit Upholds Alcohol Ad Restrictions in Virginia’s College Publications
The Fourth Circuit Court of Appeals has turned aside a First Amendment challenge to a state law restricting advertisements for alcoholic beverages in college student publications. Educ. Media Co. v. Swecker, No. 08-1798 (4th Cir., corrected decision filed April 19, 2010). The restrictions at issue did not allow advertisements for alcohol in any college publication…
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Federal Court Dismisses Melamine-Tainted Milk Litigation Filed by Chinese Citizens
A federal court in Maryland has determined that it is not a convenient forum for the pursuit of claims by Chinese citizens seeking millions in compensation for the injuries allegedly caused by their children’s consumption of powdered milk formula and similar products tainted with melamine. Tang v. Synutra Int’l, Inc., No. 09-0088 (D. Md., decided…
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Pollution Lawsuit Against Poultry Interests Sparks Legislative Initiative in Maryland
Acting on behalf of environmental interest groups, a University of Maryland School of Law student clinic has filed a lawsuit against a chicken farmer and the company that owns and processes the farm’s chickens, alleging that the farm’s poultry waste is being discharged into and polluting navigable waters of the United States in violation of…
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Chicken Producer to Settle Claims over “Raised Without Antibiotics” Ad Campaign
Multidistrict litigation (MDL) plaintiffs who challenged claims that Tyson products were made from “chickens raised without antibiotics” have sought approval of a settlement reached with the company. In re: Tyson Foods Inc., Chicken Raised Without Antibiotics Consumer Litigation, MDL No. 1982 (D. Md., motion filed January 12, 2010). Under the terms of the settlement, Tyson will…
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U.S. Attorney Files Suit to Stop Sale of Maryland Cattle with Excessive Antibiotic Residues
A U.S. attorney in Maryland has filed a complaint for injunction against a dairy operation and its owner seeking to stop their alleged long-term misuse of antibiotics in animals that were sold for consumption. United States v. Old Carolina Farm, No. __ (D. Md., filed November 3, 2009). According to the complaint, U.S. Department of…
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Poultry Plant Workers File Donning and Doffing Lawsuit
South Carolina poultry production line workers have reportedly sued their employer, claiming they are not paid for the time they spend donning and removing safety gear. According to a news source, the complaint alleges that this can extend a worker’s shift by some 75 minutes each day. The employees also alleged that they are required…
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Trade Group Files False Advertising Suit over Plastic Water Bottle Claims
A trade group representing bottled water producers, distributors and suppliers has filed a lawsuit in federal court against Eco Canteen Inc., a stainless steel bottle manufacturer, “for engaging in a deliberate scare campaign to mislead and deceive the public” about the purported health and environmental risks associated with plastic bottle use. Int’l Bottled Water Ass’n…