Category: U.S. Circuit Courts
-
Federal Prosecutors Settle Charges Against Beef Exporters
U.S. attorneys in New York have reportedly secured court approval of a consent decree with three companies that allegedly exported meat containing vertebral column to Japan in violation of U.S. trade requirements. The settlement resolves an action filed in March 2011 alleging that the companies exported veal containing ineligible bone and tissue fragments, which action…
-
McDonald’s Seeks Dismissal of Happy Meal Lawsuit
McDonald’s Corp. has filed a motion to dismiss a putative class action seeking to stop the company from advertising and selling to children its allegedly “unhealthy Happy Meals” with toys. Parham v. McDonald’s Corp., No. 11-00511 (N.D. Cal., motion filed April 18, 2011). Details about the lawsuit appear in Issue 375 of this Update. The…
-
Insurers Dispute Coverage for Food-Related Injury
Seeking a declaration about respective indemnity obligations, National Union Fire Insurance Co. of Pittsburgh, Pa. has filed a complaint in a California federal court against several other insurance companies in a dispute stemming from a neurological injury allegedly caused by the mahi-mahi fish served in a fish burrito at a Rubio’s Restaurant. Nat’l Union Fire…
-
Fishy Seafood Labels Result in Felony and Misdemeanor Convictions
According to the Department of Justice, a Massachusetts-based fish packer has been convicted of several criminal charges for falsely labeling packages of frozen fish fillets. A federal jury in Boston found Stephen Delaney guilty of a felony violation of the Lacey Act for falsely labeling $8,000 worth of frozen pollock, a product of China, as…
-
Ninth Circuit Issues Ruling on Seasonal Farm-Worker Wages
The Ninth Circuit Court of Appeals has determined that the owner of peach and pear orchards in Oregon violated the law by crediting its seasonal workers’ housing costs toward their minimum wage and by paying them the day after their last workday. Bobadilla-German v. Bear Creek Orchards, Inc., Nos. 10-35205, 10-35268 (9th Cir., decided April…
-
Federal Court Trims False Advertising and Labeling Claims Against Guacamole Maker
A federal court in California has determined that some putative class claims can proceed against a company that allegedly makes false and misleading statements about its guacamole and spicy bean dip products. Henderson v. Gruma Corp., No. 10-04173 (C.D. Cal., decided April 11, 2011). The plaintiffs’ first amended complaint alleged five causes of action for…
-
Court Sets Hearing on Fees in Native American Discrimination Suit Against USDA
A federal court in the District of Columbia has reportedly scheduled an April 26, 2011, hearing to determine whether attorneys representing Native American farmers and ranchers in the settlement of claims alleging discrimination against the U.S. Department of Agriculture (USDA) should receive $60.8 million in fees. Keepseagle v. Vilsack, No. 99-03119 (D.D.C., preliminary settlement approval…
-
Seafood Spread Maker Sues Packer for Adding Egg to Product
A company that sells a variety of seafood spreads has sued one of its packers, which allegedly added undeclared eggs to the company’s smoked salmon spread. Sau-Sea Foods, Inc. v. Lukas Foods, Inc., No. 11-00104 (D. Me., filed March 23, 2011). The plaintiff apparently learned about the problem after the Food and Drug Administration (FDA)…