Category: State Courts
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Trader Joe’s Allegedly Mislabels Sunflower Seeds
A California resident has filed a putative nationwide class action against Trader Joe’s alleging that the company fails to disclose “the dangerously high” sodium content contained in its sunflower kernels and sunflower shells and then markets the products as a “good” or healthy snack. DiSimone v. Trader Joe’s Co., No. BC544924 (Cal. Super. Ct., Los…
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UC Davis Seeks Dismissal of California Strawberry Commission’s Breach of Contract Suit
The University of California Davis, has reportedly filed a motion in California state court to dismiss the breach of contract suit that the California Strawberry Commission filed in October after it learned that the university may stop breeding and selling strawberry germplasm to farmers. UC Davis has developed and sold its strawberry germplasm at low…
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Theft of Yogurt Trade Secret Alleged in Chobani Ownership Dispute
The former wife of billionaire Chobani, Inc. CEO Hamdi Ulukaya has alleged that he “boasted on occasions that he had obtained the formula for the Chobani brand of yogurt from [competitor] Fage by bribing a former employee of Fage. He traveled to Europe and bribed this individual with 30,000 Euros.” Giray v. Ulukaya, No. 652838-2012…
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Court Allows Most Claims in LFTB Suit to Proceed
A South Dakota court has determined that most of the claims filed by the makers of lean finely textured beef (LFTB) against ABC News, certain news correspondents, including Diane Sawyer, and former U.S. Department of Agriculture (USDA) employees may proceed. Beef Prods., Inc. v. Am. Broadcasting Cos., Inc., No. 12-292 (Union Cty. Cir. Ct., S.D., order…
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Four Loko Maker Settles AG Claims
According to New York Attorney General (AG) Eric Schneiderman, Phusion Projects, LLC, the company that makes Four Loko flavored malt beverages, has agreed to settle allegations by 20 attorneys general and the San Francisco city attorney that the company marketed and sold its products in violation of consumer protection and trade practice statutes. In re…
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Chipotle Employees File Wage-and-Hour Class Action
A former Chiptole Mexican Grill employee has brought a wage-and-hour complaint against the company, including claims of harassment, gender discrimination, retaliation, battery, and wrongful termination. Roberts v. Chipotle Mex. Grill, Inc., No. BC537487 (Cal. Super. Ct., Los Angeles Cty., filed February 26, 2014). Filing on behalf of herself and in a representative capacity on behalf…
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Prop. 65 Violation Claims Leveled Against Alcoholic Beverage Makers
A three-attorney, Pasadena, California-based law firm has filed numerous 60-day notice letters since March 2013 to companies that make alcoholic beverages, warning that they have failed to comply with a section of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) by selling without the required warnings (i) “alcoholic beverages, when associated…
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Appeals Court Throws Out Prop. 65 Suits over PhIP in Chicken
A California appeals court has affirmed the dismissal of Proposition 65 (Prop. 65) lawsuits filed against fast-food restaurants by the vegetarian and animal-rights advocacy organization Physicians Committee for Responsible Medicine (PCRM), finding that the organization failed to conduct the requisite investigation into the warning signs posted in the defendants’ restaurants before certifying the merit of…