Food & Beverage Litigation & Regulatory Update

Category: 5th Circuit

Fifth Circuit Rejects Claim That Negligent Listeria Testing Caused False Positive Report

In an unpublished opinion, the Fifth Circuit Court of Appeals has upheld the dismissal of a biscuit maker’s claim that the Food and Drug Administration’s (FDA’s) negligent testing of its product for Listeria monocytogenes resulted in a false positive report that caused it to lose its contract with a company that supplied 7-Eleven convenience stores…

December 11, 2009
Chicken Growers Lawsuit to Be Heard by En Banc Court of Appeals

The Fifth Circuit Court of Appeals has decided to rehear a case involving the interpretation of the Packers and Stockyards Act as applied to contracts between chicken growers and a processor. Wheeler v. Pilgrim’s Pride Corp., No. 07-40651 (5th Cir., decided July 27, 2009). In 2008, a three-judge circuit panel decided that the law does not…

July 31, 2009
Healthy Menu Class Claims Filed in Texas Voluntarily Dismissed with Prejudice

The named plaintiff who brought a putative class action for false advertising of healthy menu items against a company that operates chain restaurants across the United States has reportedly agreed to dismiss with prejudice the claims she filed in a federal court in Texas. Paskett v. Brinker Int’l Inc., No. 08-942 (N.D. Tex., dismissed April…

May 8, 2009