Category: U.S. Circuit Courts
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First Circuit Rules PACA Appeal Provisions Are Jurisdictional
The First Circuit Court of Appeals has upheld the dismissal of an attempted appeal from an administrative ruling under the Perishable Agricultural Commodities Act (PACA), agreeing with the district court that the company which allegedly failed to pay all of the required purchase price on four truckloads of produce failed to file an appropriate appeal…
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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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Colorado Supreme Court Disqualifies Marler Clark from Foodborne Illness Suit
A divided Colorado Supreme Court has determined that a trial court did not abuse its discretion when it refused to grant the motion for pro hac vice admission filed by Seattle-based law firm Marler Clark to represent a plaintiff in a foodborne illness lawsuit. In re Liebnow v. Boston Enters. Inc., No. 12SA83 (Colo., decided…
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Court Provides Roadmap for Plaintiff to Amend False Claims Suit Against Tea Company
A federal court in California has deferred ruling on the motion to dismiss filed in a consumer protection lawsuit against R.C. Bigelow, Inc. to give the plaintiff an opportunity to amend her complaint. Khasin v. R.C. Bigelow, Inc., No. 12-2204 (N.D. Cal., order entered February 6, 2013). Indicating that it was inclined to allow most…
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Court Orders Attorney to Cease Facebook® Criticism of Halal Fraud Settlement
A Michigan court has reportedly entered an order specifying what will appear on the Facebook® page of the attorney who filed a complaint seeking to set aside a settlement resolving claims that a McDonald’s Corp. franchisee purported to sell halal chicken when some of the products were not prepared according to Islamic law. Additional details…
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Ninth Circuit Returns Contaminated Burger Case to District Court
The Ninth Circuit Court of Appeals has reversed a district court ruling dismissing the emotional distress claims filed by a deputy sheriff who alleged that Burger King employees served him a hamburger tainted with spit, in light of a Washington Supreme Court ruling that the state’s product liability law would allow relief for emotional distress…
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FDA Claims No Obligation to Ban Use of Antibiotics in Animal Feed
During oral argument before a Second Circuit Court of Appeals panel, the Food and Drug Administration (FDA) reportedly argued that it had “no obligation” to complete proceedings that the agency initiated to withdraw approval from certain uses of antibiotic drugs in livestock. Natural Res. Def. Council v. FDA, No. 12-2106 (2d Cir., argued February 8, 2013). Assistant…
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Emotional Distress Claims Allowed for Uneaten Contaminated Food in Washington
Answering a question certified by the Ninth Circuit Court of Appeals, a divided Washington Supreme Court has determined that a deputy sheriff who was served, but did not consume, a Burger King hamburger contaminated with an employee’s spit, may recover under state product liability law for emotional distress, “but only if the emotional distress is…