Category: 8th Circuit
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Eighth Circuit Affirms Judgment in Supply Chain Dispute over Recalled Westland Beef
The Eighth Circuit Court of Appeals has affirmed a $1.6 million award of damages and attorney’s fees in a contract dispute between General Mills and the company that sold it beef obtained from the Westland Meat Co. and recalled in 2008 after “[v]ideo footage from the Humane Society allegedly showed Westland employees improperly handling cattle…
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Former Beef Processing Worker Sues Jamie Oliver and ABC Anchor
One of the 750 beef processing plant employees who lost his job in the wake of recent negative publicity involving “lean finely textured beef,” otherwise referred to in the media as “pink slime,” has reportedly filed a lawsuit in a Nebraska state court naming as defendants celebrity chef Jamie Oliver, ABC’s Diane Sawyer, a blogger,…
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Court Directs Litigants to Take Yogurt Dispute to FDA
A federal court in Minnesota has dismissed without prejudice state law-based consumer-fraud claims filed against a company that makes Greek yogurt not by straining it, a process essential to the traditional production of this thickened dairy product, but by adding milk protein concentrate (MPC). Taradejna v. General Mills, Inc., No. 12-993 (D. Minn., decided December 10,…
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ABC News Seeks to Dismiss $1.2 Billion “Pink Slime” Lawsuit
After removing to federal court a defamation lawsuit brought by the company that makes lean finely textured beef (LFBT), ABC News has reportedly filed a motion to dismiss claiming that its news stories referring to the product as “pink slime” are protected speech under the First Amendment. Beef Products, Inc. v. Am. Broadcasting Cos., Inc.,…
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Putative Class Claims Nature Valley “100% Natural” Products Are Not All Natural
New York and New Jersey residents have filed a putative nationwide class action with two statewide subclasses against General Mills, Inc. in a Minnesota federal court, alleging that the company has violated federal and state consumer fraud laws by marketing its Nature Valley snack bars as “100% Natural” when they contain high-fructose corn syrup and…
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Iowa Egg Farm Manager Pleads Guilty in Effort to Bribe Federal Inspector
The manager of an Iowa egg farm that recalled 550 million eggs in a 2010 Salmonella outbreak that may have sickened 2,000 people has reportedly entered a guilty plea to a charge of conspiring to bribe a public official to allow the sale of eggs that failed to meet federal standards. United States v. Wasmund, No.…
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Eighth Circuit Allows Cattle Producers to Bring FTCA Claim for Alleged Conservation Program Errors
A divided Eighth Circuit Court of Appeals panel has reversed the dismissal of claims filed under the Federal Tort Claims Act (FTCA) by cattle producers alleging that a government employee negligently decimated their cattle herd by requiring that they plant a toxic seed mixture on pasture land enrolled in a conservation program; the court found…
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New Claims Filed: Medical Monitoring Sought for Animals from Pet Food Co., Foie Gras Ban Challenged, Trade Secret Dispute over Beer Bottle Design, Challenge to “Guiltless” Alcohol Beverage Trademark
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the…