Category: U.S. Circuit Courts
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Federal Court Approves Diamond Walnuts Settlement
A federal court in California has given final approval to the $2.6 million settlement of a class action alleging that Diamond Foods falsely represented that the omega-3 in its walnuts provides health benefits. Zeisel v. Diamond Foods, Inc., No. 10-01192 (N.D. Cal., decided October 16, 2012). Additional information about the case appears in Issue 436…
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JPML Denies Transfer in Cases Challenging Marketing Claims for Infant Formulas and Cereals
The Judicial Panel on Multidistrict Litigation (JPML) has denied a motion to centralize, for pre-trial purposes, 10 lawsuits pending in five districts against Gerber Products Co. and Nestlé USA, Inc. alleging that the companies “misleadingly advertise and market infant formulas and cereals as promoting immunity, digestive health, and visual and cognitive function because they contain…
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Farm Workers Sue California over Heat-Related Death and Illness
The United Farm Workers has reportedly filed a lawsuit against the California Division of Occupational Safety and Health (Cal/OSHA) over its alleged “systemic failure” to enforce a 7-year-old regulation requiring farmers to provide water, shade and rest to employees to prevent heat illness or death. Bautista v. Cal/OSHA, No. ___ (Cal. Super. Ct., Los Angeles…
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Class Claims Bottled Water Is Not Natural Spring Water
Nestlé Waters North America (NWNA) has removed to federal court a putative class action alleging that the company failed to disclose that its Ice Mountain® 5-gallon bottles are not 100 percent natural spring water, “but are actually resold water sourced from municipal water systems.” The Chicago Faucet Shoppe, Inc. v. NWNA, Inc., No. 12-8119 (N.D. Ill.,…
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Coalition Challenges NYC Size Limits on Sugar-Sweetened Beverages
A coalition of industry and union interests has filed a petition seeking to enjoin or invalidate the New York City (NYC) Department of Health prohibition on the sale of certain sugar-sweetened beverages in servings exceeding 16 ounces from certain types of business establishments. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. NYC Dept. of Health &…
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Coalition Challenges NYC Size Limits on Sugar-Sweetened Beverages
A coalition of industry and union interests has filed a petition seeking to enjoin or invalidate the New York City (NYC) Department of Health prohibition on the sale of certain sugar-sweetened beverages in servings exceeding 16 ounces from certain types of business establishments. N.Y. Statewide Coal. of Hispanic Chambers of Commerce v. NYC Dept. of…
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Deli Meat Maker Seeks Coverage from Supplier’s Insurance Carrier
A company whose deli meat products were allegedly contaminated by the inclusion of the Salmonella-tainted red and black pepper sold to it by a supplier has sued the supplier’s insurance company to recover damages resulting from the products’ recall. Daniele Int’l, Inc. v. Penn-Star Ins. Co., No. 12-709 (D.R.I., filed October 9, 2012). According to…
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Insurance Cos. Seek Declaration of No Duty to Defend Four Loko® Lawsuits
Two commercial liability insurance companies have filed a complaint against Phusion Projects Inc., the company that makes Four Loko®, an alcoholic beverage containing stimulants such as caffeine, guarana and taurine, seeking a declaration that “they do not owe a duty to defend or indemnify” the company in personal injury and wrongful death actions filed against…