Category: U.S. Circuit Courts
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First Circuit Orders Further Proceedings in Sugar Documentary Defamation Case
The First Circuit Court of Appeals has determined that, while Dominican Republic plantation owner executives are limited-purpose public figures for purposes of a defamation lawsuit involving a documentary film critical of their operations, the district court erred in denying a motion to compel the disclosure of documents that could pertain to actual malice. Lluberes v.…
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“Lazy Cakes” Lawsuit Dismissed
A federal judge in California has reportedly dismissed a putative class action against the manufacturer of melatonin-laced brownies marketed as a relaxation and sleep aid. According to media sources, the plaintiff alleged that HBB LLC failed to disclose the potential effects of its Lazy Larry® or Lazy Cakes® baked goods, including “extreme fatigue, exhaustion and…
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Federal Court Dismisses “100% Natural” Cooking Oil Suit
A federal court in California has dismissed without prejudice a proposed class action alleging that ConAgra Foods misrepresented its Wesson cooking oils as “100% Natural” when they contain genetically modified (GM) ingredients. Briseño v. ConAgra Foods, Inc., No. 11 05379 (C.D. Cal., order entered June 28, 2011). Seeking to certify a nationwide class of consumers, the…
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Court Dismisses Insurer’s Suit Against Four Loko® Company
A federal court in Illinois has granted the motion to dismiss filed by Phusion Projects, Inc., which sells Four Loko®, a caffeinated alcoholic beverage, in a case brought by one of the company’s insurers seeking a declaration that it owed no duty to defend or indemnify the beverage maker in third-party lawsuits claiming injury, death…
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Putative Class Disputes King Arthur’s “All Natural” Product Claims
Seeking to certify a nationwide class of consumers, a California resident has filed consumer fraud claims against a company that makes numerous breakfast-, dessert- and bread-mix products promoted as “All Natural,” while containing purported synthetic ingredients, such as ascorbic acid, disodium phosphate, potassium carbonate, and sodium acid pyrophosphate. Larsen v. King Arthur Flour Co., Inc.,…
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First Wave of Settlement Checks Distributed in Salmonella-Tainted Egg Outbreak
Attorneys involved in the settlement of injury claims linked to Salmonella-contaminated eggs traced to Wright County Egg in Iowa have reportedly told the Associated Press that the first checks, issued by the egg producer’s insurer, are on their way to the first of dozens of individuals sickened during the 2010 outbreak. Among the first wave…
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Nutella® False Ad Suits to Proceed as Statewide Class Action
A federal court in California has entered an order certifying a class in consolidated lawsuits alleging that the company which produces Nutella® falsely advertises its product as healthy and beneficial to children despite making the hazelnut spread with “dangerous levels of fat and sugar.” In re Ferrero Litig., No. 11-205 (S.D. Cal., decided November 15, 2011).…
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$1.6 Million Awarded to Plaintiffs in GE Alfalfa Litigation
A federal court in California has entered an order granting the motion of conventional alfalfa farmers and environmental groups for an award of attorney’s fees and costs in litigation that successfully challenged a U.S. Department of Agriculture, Animal and Plant Health Inspection Service (APHIS) decision to de-regulate genetically engineered (GE) alfalfa without conducting an environmental…