Category: U.S. Circuit Courts
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Starbucks Files Brief Seeking to Uphold Judgment in Tip Dispute
Starbucks Corp. has filed its response in the Second Circuit Court of Appeals in a dispute over tip sharing, asking the court to affirm the district court’s grant of summary judgment in its favor. Lawrence v. Starbucks Corp., No. 11-3199 (2d Cir., brief filed February 22, 2012). Additional information about related litigation involving Starbucks baristas…
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FDA and NRDC Reach Agreement in FOIA Records Dispute Related to BPA in Food Packaging
The Food and Drug Administration (FDA) and the Natural Resources Defense Council (NRDC) have agreed to a timeline for the production of material NRDC requested under the Freedom of Information Act (FOIA) involving bisphenol A (BPA) in food packaging and food contact materials. NRDC v. FDA, No. 11-8662 (S.D.N.Y., stipulation and order filed February 21,…
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Tomato Grower’s Negligence Claims from 2008 Recall Survive Motion to Dismiss
A federal court in South Carolina has reportedly determined that a tomato grower seeking damages from the U.S. Food and Drug Administration (FDA) allegedly caused by a 2008 tomato recall that followed a Salmonella outbreak which was ultimately found not to be linked to contaminated tomatoes, may pursue negligence claims against the agency. Williams Farms…
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Court Stays Illinois Trans Fat Litigation Against Quaker Oats
A federal magistrate judge in Illinois has stayed a putative class action, the fourth of five brought against The Quaker Oats Co., alleging that the company deceives consumers by representing that its granola and oatmeal products are “heart healthy,” “wholesome,” and a “smart choice made easy,” when they actually contain trans fat. Askin v. The…
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Environmental Group Files Prop. 65 Notice of Violation to Enforce 4-MEI Warnings
The Center for Environmental Health has filed a notice of violation under California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65) to inform the manufacturer and retailers of several carbonated soft drinks containing caramel coloring that it will file a citizen enforcement lawsuit against them for violating Prop. 65’s warning provision since January 7,…
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False Advertising Class Action Filed in Georgia Against POM Wonderful
A Georgia resident has filed a complaint in federal court on behalf of a statewide class of consumers allegedly misled about the purported health benefits of POM Wonderful’s pomegranate products. Templeton v. POM Wonderful, LLC, No. 12-53 (S.D. Ga., filed February 16, 2012). According to the complaint, the company promotes its products “as having special…
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Frito-Lay Claims Infringement of Tortilla Chips Design and Packaging
Frito-Lay North America, Inc. has filed a trademark and patent infringement lawsuit in a Texas federal court against a company that purportedly makes a similar tortilla chip product and sells it in similar packaging. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12 00074 (E.D. Tex., filed February 10, 2012). At issue are Frito-Lay’s TOSTITOS…
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Court Enjoins Dairy Farmer from Selling Raw Milk Across State Lines
A federal court in Pennsylvania has granted the U.S. government’s motion for summary judgment and permanently enjoined a Pennsylvania dairy farmer from selling raw milk and milk products in interstate commerce. United States v. Allgyer, No. 11-02651 (E.D. Pa., decided February 2, 2012). According to the court, Daniel Allgyer’s interstate sales of raw milk were…