Category: U.S. Circuit Courts
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Salami Maker Seeks $33.1 Million from Recall in Default Judgment Against Seasonings Co.
Daniele International, Inc. has requested that a federal court in Rhode Island enter a $33.1 million default judgment against a spice and seasonings company that allegedly supplied the Salmonella-tainted pepper which resulted in a recall of more than 1.2 million pounds of salami products in 2010. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No.…
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California Judge Says Product Claims Were Preempted or Non-Actionable Puffery
According to a news source, a Los Angeles Superior Court has dismissed a putative class action seeking damages against One World Enterprises LLC for allegedly misleading consumers about the nutritional value and hydrating properties of its coconut water product. Shenkman v. One World Enters. LLC, No. BC467165 (Cal. Super. Ct., Los Angeles Cty., dismissed on July…
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Advocacy Groups Challenge Constitutionality of California Shark Fin Ban
Organizations representing the interests of Asian Americans have filed suit in a federal court in California against the governor and agency officials seeking a declaration that legislation enacted in October 2011 banning the “possession, sale, offer for sale, distribution, or trade of shark fins” violates their members’ equal protection rights, unlawfully interferes with interstate commerce…
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Trade Groups Challenge DOL’s New Tip Pool Rule for Restaurant Employees
Restaurant trade organizations, an Oregon restaurant and one of its employees, a server, have filed a complaint for declaratory and injunctive relief against the U.S. Department of Labor (DOL), alleging that its interpretation of the Fair Labor Standards Act, forbidding restaurants from distributing a share of tips to non-tipped employees, regardless of whether the restaurants…
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Court Denies Temporary Relief Sought in Challenge to Foie Gras Ban, Sets Briefing Schedule
A federal court in California has denied the ex parte request of foie gras producers to temporarily halt California’s enforcement of a ban on the sale of any product that is the result of force-feeding a bird for the purpose of enlarging its liver beyond normal size. Association des Éleveurs de Canards et d’Oies du Québec…
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Ninth Circuit Nixes Settlement of Frosted Mini-Wheats® False Ad Claims
The Ninth Circuit Court of Appeals has found the proposed cy pres distribution inappropriate and unacceptably vague and the attorney’s fees unreasonable in a settlement of class claims that the Kellogg Co. violated consumer protection laws by advertising its Frosted Mini-Wheats® cereal as a product that was clinically shown to improve children’s attentiveness by nearly…
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Montana High Court Rules Obesity May Be a Protected Disability
Responding to a question certified by a federal district court, a divided Montana Supreme Court has said that obesity which is not the symptom of a physiological condition may be a “physical or mental impairment” as the terms are used in the Montana Human Rights Act. BNSF Ry. Co. v. Feit, No. OP 11-0463 (Mont.,…
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Maine High Court Adopts Strict Liability Standard for Defective Food Products
The Maine Supreme Judicial Court has adopted the “reasonable consumer expectation” test to determine whether a boneless turkey product allegedly containing a bone was defective. Pinkham v. Cargill, Inc., No. 11-340 (Me., decided July 3, 2012). So ruling, the court vacated the lower court’s grant of summary judgment and remanded for further proceedings. Plaintiff Stanley…