Category: 7th Circuit
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Class Claims Kefir Products Are Falsely Advertised
New York and New Jersey residents have filed a putative class action in an Illinois federal court against the company that makes a line of kefir dairy products, alleging that they are falsely promoted as providing “clinically proven therapeutic benefits for various health conditions.” Keatley v. Lifeway Foods, Inc., No. 12-3521 (N.D. Ill., filed May 8,…
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Grand Jury Indicts Distributors of Adulterated and “Washed” Cheese from Mexico
A federal grand jury in Illinois has brought criminal indictments against four individuals who allegedly distributed more than 110,000 pounds of Mexican cheese in the United States in 2007 despite Food and Drug Administration (FDA) “hold” orders and also allegedly “washed” cheese returned by dissatisfied customers by scraping off mold and fungus so it could…
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Seventh Circuit Reinstates Claim That Jail Food Violated 8th Amendment
The Seventh Circuit Court of Appeals has reversed in part a district court dismissal of claims that being fed nutriloaf in a county jail subjected an inmate to cruel and unusual punishment in violation of his Eighth Amendment rights. Prude v. Clarke, No. 11-2811 (7th Cir., decided March 27, 2012). The plaintiff was apparently serving…
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Migrant Workers Bring Cannery Employment Row Against Owner in Federal Court
Sixty-five legal migrant workers from Mexico have filed a putative class action against GLK Foods, LLC in a federal court in Wisconsin, seeking to recover wages and damages for breach of contract, including the cost of transportation if the workers were terminated before the end of their certified period of employment. Jiminez v. GLK Foods…
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Prison Inmates Challenge Soy in Diet as Cruel and Unusual Punishment
Counsel for five current and former Illinois prison inmates has reportedly indicated that four expert witnesses are prepared to testify that the soy in the inmates’ prison diets caused them “irreparable, actual harm,” and thus their litigation against the state, prison wardens and nurses will proceed. Harris v. Brown, No. 07-03225 (C.D. Ill., filed August 16,…
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Court Stays Illinois Trans Fat Litigation Against Quaker Oats
A federal magistrate judge in Illinois has stayed a putative class action, the fourth of five brought against The Quaker Oats Co., alleging that the company deceives consumers by representing that its granola and oatmeal products are “heart healthy,” “wholesome,” and a “smart choice made easy,” when they actually contain trans fat. Askin v. The…
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Beverage Producer Claims Recycler Sold Rather Than Destroyed Substandard Products
Spike, LLC, a company that makes and distributes energy drinks, has filed a lawsuit against the company it hired to destroy 18 pallets of products that Spike determined should be removed from the marketplace as unfit for sale, claiming that the recycling company failed to destroy the products and, in fact, sold them “thereby undercutting…
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Seventh Circuit Upholds Indiana Law Regulating Wine Deliveries via Motor Carrier
The Seventh Circuit Court of Appeals has turned aside a challenge to an Indiana law that prevents an alcoholic beverage retailer from shipping wine to its customers via motor carrier. Lebamoff Enters., Inc. v. Huskey, No. 11-1362 (7th Cir., decided January 17, 2012). The retailer claimed that the law was preempted by the Federal Aviation…