Category: U.S. Circuit Courts
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Heirs of Colombian Murder Victims Seek Damages from Chiquita
Nearly 700 heirs and estates of Colombian citizens allegedly killed by “a right-wing terrorist organization” that purportedly received financial and other support from Chiquita Brands International and its subsidiaries and affiliates have sued the companies seeking monetary, injunctive and declaratory relief. Does 1 through 677 v. Chiquita Brands Int’l, Inc., No. 11-00582 (D.D.C., filed March 17,…
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Caffeinated Alcoholic Drink Allegedly Caused Man’s Heart Arrhythmia
According to news sources, a New Jersey tire salesman has filed a personal injury lawsuit in a state court against the company that makes Four Loko®, an alcoholic beverage that until late 2010 also contained caffeine; he alleges that after drinking two and one-half cans, he was taken to a hospital with heart arrhythmia. Mustica…
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Johnny Love Vodka Sues Pucker Vodka for Infringement of Distinctive Label
The company that makes Johnny Love Vodka® has filed a trademark infringement suit against the companies making “Pucker Vodka,” alleging that the lip imprint on the Pucker labels is likely to confuse consumers because of its similarity to the registered lip imprint on the plaintiff’s flavored-vodka bottles. JL Beverage Co., LLC v. Fortune Brands, Inc., No.…
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Court Rules Tip-Sharing at Starbucks Violates Massachusetts Law
A federal court in Massachusetts has certified a class of Starbucks’ employees alleging that the company’s policy of requiring tip-sharing by baristas and their supervisors violates state law; the court also granted the plaintiffs’ motion for summary judgment on that issue. Matamoros v. Starbucks Corp., No. 08-10772 (D. Mass., decided March 18, 2011). So ruling,…
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Federal Court Dismisses Insurance Coverage Action in Tainted Baby Formula Case
A federal court in Virginia has issued an order dismissing without prejudice claims filed against two insurers by a company that makes baby formula; the parties stipulated to the dismissal after similar litigation concluded with a defense verdict following trial in state court. PBM Nutritionals, LLC v. Arch Ins. Co., No. 09-194 (E.D. Va., order entered March…
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USDA Action on GE Alfalfa Draws New Lawsuit
The Center for Food Safety, Earthjustice and a number of other public interest groups have sued the U.S. Department of Agriculture (USDA), challenging its decision to deregulate genetically engineered (GE) alfalfa. Ctr. for Food Safety v. Vilsack, No. 11-1310 (N.D. Cal., filed March 18, 2011). Other plaintiffs include the Cornucopia Institute, Geertson Seed Farms, which…
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Hedonists Claim Idaho Imposes Religious Beliefs via Alcohol Control Laws
A group calling itself “The Ethereal Enigmatic Euphoric Movement Towards Civilized Hedonism, Ltd.” has sued Idaho in federal court, alleging that a state law allowing cities to “prohibit the sale of distilled spirits” violates members’ fundamental right to practice their religion. The Ethereal Enigmatic Euphoric Movement Towards Civilized Hedonism, Ltd. v. Idaho, No. 11-00097 (D. Idaho,…
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Hispanic Farmers Allege Unfair USDA Treatment in Settlement of Discrimination Claims
Five Hispanic farmers have filed a putative class action in a D.C. district court against the U.S. Department of Agriculture (USDA), to seek “redress from Defendants’ unconstitutional treatment in the proposed settlement of discrimination claims by these Hispanic Plaintiffs . . . as compared to the manner in which Defendants have settled identical discrimination claims…