Category: State Courts
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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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Statement of Decision Supports Oral Ruling on Fraudulent Pesticide Exposure Claims
A California court has issued a statement of decision in support of its July 2010 oral ruling vacating a judgment in favor of plaintiffs who alleged they had been rendered sterile from chemicals used on Nicaraguan banana plantations. Tellez v. Dole Food Co., Inc., No. BC 312852 (Cal. Super. Ct., Los Angeles Cty., statement filed March…
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Insurer Claims Policy Does Not Cover Diacetyl Claim Damages
An insurer that issued commercial umbrella policies to a company that makes flavorings ingredients, including those used in butter-flavored microwave popcorn, is seeking a declaration that it has no obligation under those policies to defend or indemnify the company in lawsuits alleging respiratory injury from exposure to diacetyl. Continental Cas. Co. v. Citrus & Allied…
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Diabetic Sues Sushi Restaurant, Can’t Eat All-You-Can-Eat Rice
A diabetic man has reportedly filed a lawsuit in Los Angeles County Superior Court, seeking at least $4,000 in mental anguish damages from a Studio City sushi restaurant that requires those patrons paying an all-you-can-eat price to eat all of the food served and not just the fish. Martin v. A Ca-Shi Sushi, No. __…
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“Red Bull” Defense Joins “Twinkie” Defense in Crime Annals
According to a news source, a prosecutor in Florida appears willing to accept an insanity defense in the case of a man who murdered his father while depressed, sleep-deprived and under the purported influence of an energy drink. A psychiatrist reportedly testified during a bond reduction hearing that defendant Stephen Coffeen, who allegedly smothered his…
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CSPI Backs Suit Charging Safeway with Recall Notification Shortcomings
Montana and California residents have sued Safeway, Inc. in a California state court on behalf of a putative nationwide class of customers that the company allegedly failed to notify about tainted food recalls despite the ability to contact purchasers of contaminated products through its “club card” loyal customer program. Hensley-Maclean v. Safeway, Inc., No. __…
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California’s Approval of Pesticide Ingredient Challenged
A coalition of pesticide watchdogs and farm workers has filed a petition in a California state court seeking review of a Department of Pesticide Registration (DPR) decision to allow the use of pesticides containing methyl iodide despite evidence that the chemical is highly toxic. Pesticide Action Network N. Am. v. Cal. Dep’t of Pesticide Regulation,…
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Retail Food Interests Allege Price Fixing in Egg Market
A coalition of food wholesalers and retailers has filed an antitrust lawsuit in a Kansas state court against egg producers and industry trade groups alleging that, by reducing the number of hens, increasing egg exports and decreasing hen lifecycles, the defendants conspired to manipulate egg prices, which have more than doubled in recent years. Associated…