Category: U.S. Circuit Courts
-
Jury Finds for Heinz in Lead-Tainted Baby Food Insurance Coverage Dispute
A Pennsylvania jury has found that Starr Surplus Lines Insurance must uphold H.J. Heinz Co.’s $25 million policy covering damages related to baby cereal tainted with lead. H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., No. 15-0631 (W.D. Penn., jury verdict entered December 16, 2015). Heinz sought a declaratory judgment that the insurance provider…
-
MSG False Ad Settlement Denied
A California federal court has denied a proposed settlement in a consumer class action alleging Annie Chun’s® soup products, made by CJ America Inc., either contain monosodium glutamate or ingredients that produce the substance during the cooking process despite being labeled as “No MSG Added.” Petersen v. CJ America Inc., No. 14-2570 (S.D. Cal., order…
-
Seventh Circuit Upholds Indiana Cold-Beer Sales Ban
The Seventh Circuit Court of Appeals has upheld an Indiana law restricting the sale of cold packaged beer in convenience stores, pharmacies and groceries in incorporated towns, finding that the statute survives a rational-basis analysis. Petroleum Mktrs. & Convenience Stores Assoc v. Cook, No. 14-2559 (7th Cir., order entered December 14, 2014). The court found…
-
Tuna Price-Fixing Suits Consolidated
Nine putative class actions and 44 related cases alleging that StarKist Co., Bumble Bee Foods LLC and Tri-Union Seafoods LLC conspired to fix prices of canned tuna have been consolidated by the U.S. Judicial Panel on Multidistrict Litigation. In re Packaged Seafood Prods. Antitrust Litig., No. 15-2670 (S.D. Cal., order entered December 9, 2015). The…
-
FDA Not Negligent in Issuing Tomato Recall, Court Holds
A South Carolina federal court has ruled that the U.S. Food and Drug Administration (FDA) was not negligent in issuing a tomato recall during a 2008 outbreak of Salmonella, dismissing a tomato farm’s claim of $15 million in damages. Seaside Farm Inc. v. U.S., No. 11-1199 (D.S.C., order entered December 16, 2015). The farm had…
-
Clean Air Act Rehearing Request Denied in Whiskey Fungus Suit
The Sixth Circuit Court of Appeals has denied a request for an en banc rehearing in a lawsuit alleging that the distilleries of two Diageo Americas Supply Inc. brands, J&B® and Johnnie Walker®, caused the growth of a black fungus on outdoor surfaces near the plants. Merrick v. Diageo Ams. Supply Inc., No. 14-6198 (6th…
-
California Federal Court Dismisses Trader Joe’s Soy Milk Mislabeling Suit
A California federal court has dismissed a lawsuit against Trader Joe’s Co. alleging the retailer’s soy milk is mislabeled because it does not contain cow’s milk, which the plaintiffs argued amounts to a violation of the federal Food, Drug, and Cosmetic Act and California’s consumer protection statute. Gitson v. Trader Joe’s Co., No. 13-1333 (N.D.…
-
Safeway Grocery Markup Dispute Concludes with $41.9 Million Settlement
Safeway Inc. will pay $41.9 million to customers who ordered groceries online and were charged a 10 percent markup on the items they ordered compared to the prices charged in-store, a court has confirmed. Rodman v. Safeway Inc., No. 11-3003 (N.D. Cal., order entered November 30, 2015). A California federal court approved the settlement amount…