Category: State Courts
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U.S. Supreme Court Denies Further Review of Salmon Class Action
The U.S. Supreme Court has denied a petition seeking review of a California Supreme Court ruling that allowed plaintiffs to pursue putative class claims alleging that grocery stores failed to inform California consumers about the artificial coloring used in the farm-raised salmon they sold. Albertson’s Inc. v. Kanter, No. 07-1327 (U.S., certiorari denied January 12, 2009).…
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Food Poisoning Verdict Reinstated in California
A California appeals court has determined that a misreading of prior case law led a trial court judge to erroneously overturn a jury verdict in favor of a plaintiff who alleged that she was made ill from exposure to campylobacter at defendant’s restaurant. Sarti v. Salt Creek Ltd., No. G037818 (Cal. Ct. App., 4th App.…
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Consumer Files Popcorn Lung Lawsuit in Missouri
A microwave popcorn consumer who allegedly developed a lung injury from her exposure to diacetyl, the chemical responsible for the butter flavoring in the product, has sued popcorn manufacturers, retailers and flavoring companies in a Missouri state court, alleging product liability and negligence. Khoury v. ConAgra Foods Inc., No. 0816-CV31620 (Jackson County Circuit Court, Missouri,…
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Organic Farm Wins Pesticide-Contamination Lawsuit
A California jury has reportedly awarded an organic farm in Santa Cruz $1 million for the contamination of its edible herbs by pesticides applied on neighboring farms. Jacobs Farm/Del Cabo v. W. Farm Serv., Inc., No. ___ (Cal. Dist. Ct., Santa Cruz Cty., September 29, 2008). Pesticide drift from aerial spraying allegedly made it impossible for…
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Class Action Challenges Ingredients Claim of Vienna Hot Dogs
Identifying themselves as “observant Jews,” three named plaintiffs have filed a putative class action lawsuit against a hot dog producer in Cook County, Illinois, alleging that its 100 percent beef claims breach an express warranty, violate the Uniform Commercial Code’s provisions on conforming goods, and constitute consumer and common law fraud. Gershengorin v. Vienna Beef,…
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California State Court Rules Against Prop. 65 Warnings for Tuna
After a two-month trial, San Francisco Superior Court Judge Robert Dondero late last week ruled that California cannot require the manufacturers of Chicken of the Sea, StarKist and Bumble Bee tuna to warn consumers that their products contain mercury and mercury compounds. California Attorney General Bill Lockyer filed the lawsuit in June 2004 under the…
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Plaintiffs Target Chocolate, Organic Bread and French Fries in Prop. 65 Enforcement Actions
Since May 2002 California plaintiffs have reportedly brought enforcement actions against a number of food manufacturers and fast food restaurants claiming that because carcinogens or reproductive toxicants are contained in their products, they are required to provide public warnings under the Safe Drinking Water and Toxic Enforcement Act. This law, also known as Proposition 65…
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Two Class Actions Claim Fast Food Is Responsible for Obesity and Health Problems
New York attorney Samuel Hirsch has filed lawsuits against fast food companies on behalf of two classes of plaintiffs who are allegedly obese and have developed diabetes, coronary heart disease, high blood pressure, elevated cholesterol intake, and other adverse health effects from consuming defendants’ products. Barber v. McDonald’s Corp., No. 23145/2002 (N.Y., Super. Ct., filed July 24,…