Category: U.S. Circuit Courts
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Federal Court Narrows Claims in Tomato Recall Suit Against FDA
A federal court in South Carolina has dismissed three of four claims in a lawsuit filed by a family farming operation that claims the Food and Drug Administration’s (FDA’s) 2008 tomato recall, which later proved unnecessary as the agency conceded that tomatoes were not the source of the Salmonella contamination, caused the farm substantial economic harm.…
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Donning and Doffing Class Certified; U.S. Supreme Court Declines to Review Compensation Ruling
A federal court in Arkansas has reportedly certified a class of poultry-processing plant workers who allege that the company has violated federal and state employment laws by failing to compensate them for the time they spend donning, doffing and sanitizing required gear and equipment, as well as walking to and from the production floor and…
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Industry Interests Appeal Court’s Dismissal of Challenge to 4-MEI Prop. 65 Listing
According to a news source, the industry interests that lost their challenge to the listing of 4-MEI as a chemical known to California to cause cancer have filed an appeal in the Third District Court of Appeals. Cal. League of Food Processors v. OEHHA, No. C070406 (Cal. Ct. App., 3rd Dist., appeal filed February 10, 2012).…
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Migrant Workers Bring Cannery Employment Row Against Owner in Federal Court
Sixty-five legal migrant workers from Mexico have filed a putative class action against GLK Foods, LLC in a federal court in Wisconsin, seeking to recover wages and damages for breach of contract, including the cost of transportation if the workers were terminated before the end of their certified period of employment. Jiminez v. GLK Foods…
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Class Action Challenges “All Natural” Claims for 0 Calories Lifewater® Beverages
A California resident has filed a putative class action in a California federal court against the companies that make a line of SoBe® beverages known as 0 Calories Lifewater®, alleging that the product labels and promotions are misleading. Hairston v. S. Beach Beverage Co., Inc., No. 12-1429 (C.D. Cal., filed February 21, 2012). According to…
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Court Affirms $2 Million Supply Chain Damages Award from 2008 Contaminated Beef Recall
A federal court in Minnesota has determined that General Mills Operations, LLC was entitled to an award of prejudgment interest of 10 percent per year from the date it provided a written notice of claim to the company that supplied it with contaminated beef products subject to a recall in 2008. Gen. Mills Operations, LLC…
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Organic Farmers Fail to Show Controversy, Patent Invalidation Suit Against Monsanto Dismissed
A federal court in New York has dismissed, for lack of jurisdiction, the claims filed by numerous organic farming interests seeking a declaration that they are not infringing Monsanto’s genetically modified (GM) seed patents, the patents are invalid and unenforceable and the company would not be entitled to remedies against them. Organic Seed Growers &…
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Prison Inmates Challenge Soy in Diet as Cruel and Unusual Punishment
Counsel for five current and former Illinois prison inmates has reportedly indicated that four expert witnesses are prepared to testify that the soy in the inmates’ prison diets caused them “irreparable, actual harm,” and thus their litigation against the state, prison wardens and nurses will proceed. Harris v. Brown, No. 07-03225 (C.D. Ill., filed August 16,…