Category: U.S. Circuit Courts
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Claims Shaved from Consumer Fraud Suit Against Chocolate Company
A federal court in California recently granted in part and denied in part the Hershey Co.’s motion to dismiss putative class claims alleging that the chocolate maker violates consumer fraud laws by making unlawful nutrient content, “healthy” and antioxidant claims on product labels; failing to comply with chocolate product standards of identity or to use…
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Appellate Court Affirms E. Coli Verdict Against Nebraska Meat Supplier
The First Circuit Court of Appeals has upheld a jury verdict tracing the source of E. coli-contaminated beef to Greater Omaha Packing Co. thus sustaining a third-party indemnification claim against it. Long v. Fairbank Reconstruction Corp. v. Greater Omaha Packing Co., No. 12-1412 (1st Cir., decided November 21, 2012). Two Maine residents sickened in the…
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EEOC’s Discrimination Claims Against Hawaiian Farming Operations Narrowed
A federal court in Hawaii has dismissed in part a complaint filed by the Equal Employment Opportunity Commission (EEOC) against farmers and a recruiting company that allegedly mistreated Thai workers. EEOC v. Global Horizons, Inc., No. 11-00257 (D. Hawaii, decided November 8, 2012). The court granted the motion to dismiss “insofar as the Court holds…
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Ketchup Company Wage-Dispute Class Dismissed Without Prejudice
A federal court in California has dismissed putative class claims filed against H.J. Heinz Co. LP by a factory worker alleging that the company denied employees full wages by improperly rounding their time records while also purportedly penalizing and disciplining workers for “clocking in past scheduled start times or clocking out before scheduled end times.”…
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First Circuit Upholds $14.1 Million Judgment in Starbucks Tip-Sharing Class Action
The First Circuit Court of Appeals has determined, as a matter of first impression, that Starbucks Corp. violated a Massachusetts law prohibiting restaurant tips to be shared with employees who have managerial responsibilities, because the “upscale coffee house” chain allowed tips collected in tip jars by the cash registers of its Massachusetts shops to be…
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GMOs in Cheddar Goldfish Crackers Allegedly Belie “Natural” Label
A Colorado resident has filed a lawsuit on behalf of a putative nationwide class against Pepperidge Farm, Inc., alleging that the company misleads consumers by labeling its Cheddar Goldfish crackers “natural,” because they contain genetically modified organisms (GMOs) “in the form of soy and/or soy derivatives.” Bolerjack v. Pepperidge Farm, Inc., No. 12-2918 (D. Colo.,…
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Investors Seek to Consolidate Claims Against Keurig Coffee Brewer Maker
Green Mountain Coffee Roasters Inc. investors have reportedly filed a consolidated securities action against the company, claiming that they were misled about demand for Keurig and K-Cup products. La. Mun. Police Emp. Ret. Sys. v. Green Mountain Coffee Roasters, Inc., No. 11-00289 (D. Vt., filed October 29, 2012). The Louisiana Municipal Police Employees’ Retirement System sued…
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CSPI Claims 7Up Antioxidant Beverages Mislead Consumers
The Center for Science in the Public Interest (CSPI) has filed a putative nationwide class action in a federal court in California against Dr. Pepper Snapple Group, Inc., alleging that the company misleads consumers, through marketing and product labeling, to believe that the antioxidants contained in its beverages are derived from fruits and that the…