Category: 8th Circuit
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Guilty Pleas Expected in Tainted Egg Outbreak
Federal prosecutors have reportedly filed criminal charges against Iowa-based Quality Egg LLC and two former company executives—Austin “Jack” DeCoster and his son Peter—over a 2010 Salmonella outbreak that sickened thousands across the country and resulted in the recall of some 550 million eggs. United States v. Quality Egg, LLC, No. 14-cr-3024 (N.D. Iowa, filed May 21,…
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Court Allows Obesity-Related Claims to Proceed
A federal court in Missouri has determined that a man who alleges employment discrimination and retaliation in violation of the Americans with Disabilities Act (ADA) on the basis of his severe obesity has sufficiently stated his claims and may proceed with his action. Whittaker v. America’s Car-Mart, Inc., No. 13-0108 (D. Mo., order entered April 24,…
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Cargill to Settle Claims That “Natural” Ads for Truvia® Sweetener Are Misleading
While continuing to deny that its labeling and marketing for Truvia® sweetener products misled consumers, Cargill has apparently agreed to settle a putative nationwide class action alleging consumer fraud and breach of warranty. Martin v. Cargill, Inc., No. 13-2563 (D. Minn., preliminary agreement filed September 19, 2013). The plaintiffs claimed that the products are not…
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Eighth Circuit Upholds Alcohol Wholesalers’ Residency Requirement in Missouri
The Eighth Circuit Court of Appeals has found constitutional Missouri’s four-tier alcohol distribution system which includes a residency requirement for wholesalers, which comprise the third tier. S. Wine & Spirits of Am., Inc. v. Div. of Alcohol & Tobacco Control, No. 12-2502 (8th Cir., decided September 25, 2013). According to the court, the decision required it…
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Federal Court Retains Jurisdiction over “All-Natural” Claims Against Frito-Lay
A federal court in Arkansas has ruled that it has jurisdiction, pursuant to the U.S. Supreme Court’s seminal standing decision under the Class Action Fairness Act (CAFA), Standard Fire Insurance Co. v. Knowles, 133 S. Ct. 1345 (2013), to adjudicate the putative class claims filed by a woman who alleges that Frito-Lay deceives consumers by…
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False “100% Natural” Labeling Suit Against General Mills Dismissed
A federal court in Minnesota has dismissed a putative class action alleging that General Mills misleads consumers by labeling its Nature Valley products as “Natural” or “100% Natural” when they actually contain highly processed ingredients such as high-fructose corn syrup, high-maltose dextrin syrup and maltodextrin. Chin v. General Mills, Inc., No. 12-2150 (D. Minn., decided…
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Class Certification Revoked for Pizza Delivery Drivers
The Eighth Circuit Court of Appeals has reversed the grant of class certification for some 1,600 Domino’s Pizza delivery drivers in Minnesota, finding that their claims lacked commonality. Luiken v. Domino’s Pizza, LLC, No. 12-1216 (8th Cir., decided February 4, 2013). The drivers claimed that Domino’s improperly withheld from them a fixed delivery charge imposed…
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Insurance Dispute in Oatmeal Recall Resolved in Favor of Insured
A federal court in Minnesota has granted the motion for summary judgment filed by a company whose insurance carrier claimed it was not required to cover the company’s settlement of claims arising from a recall of instant oatmeal purportedly contaminated with instant milk produced at a facility where the Food and Drug Administration “detected insanitary…