Category: U.S. Supreme Court
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SCOTUS to Consider Whether Seizure of Raisins Is a Constitutional Taking
The U.S. Supreme Court has granted certiorari to a coalition of California raisin growers that challenged a federal rule requiring them to give a portion of their annual harvests to a crop-specific committee that in turn sells the reserves for export or donates them to school lunch programs or foreign governments. Horne v. USDA, No.…
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SCOTUS Declines Review of Diacetyl Liability Ruling
The U.S. Supreme Court (SCOTUS) has denied certiorari to petitioners alleging that Aaroma Holdings LLC is liable for personal injury claims stemming from the use of diacetyl by Emoral Inc., which declared bankruptcy in 2011 after Aaroma bought its assets in 2010. Diacetyl Plaintiffs v. Aaroma Holdings LLC, No. 14-71 (U.S., cert. denied November 3,…
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SCOTUS Declines Review of Challenge to California’s Foie Gras Ban
The U.S. Supreme Court (SCOTUS) has denied a petition seeking review of a Ninth Circuit Court of Appeals ruling upholding a California law prohibiting the sale of commodities, such as foie gras, produced by “force feeding a bird for the purpose of enlarging the bird’s liver beyond normal size.” Association des Éleveurs de Canards et d’Oies…
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Plaintiffs Seek U.S. Supreme Court Review of Diacetyl Ruling
In a petition for a writ of certiorari, plaintiffs alleging harm by exposure to the flavoring agent diacetyl have argued that the Third Circuit erred in ruling that Aaroma Holdings cannot be held liable for the actions of diacetyl producer Emoral Inc., which Aaroma purchased following the alleged exposures. Diacetyl Plaintiffs v. Aaroma Holdings, No. 14-71…
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Calif. Foie Gras Ban Headed to SCOTUS Conference
Briefing has been completed before the U.S. Supreme Court (SCOTUS) on a petition seeking review of the Ninth Circuit Court of Appeals ruling upholding California’s prohibition on the sale of food produced by force feeding birds to enlarge the liver beyond normal size. Association des Éleveur de Canards des d’Oies du Québec v. Harris, No. 13-1313…
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SCOTUS Rules Raisin Growers’ Takings Defense Justiciable in Ninth Circuit
A unanimous U.S. Supreme Court has determined that the Ninth Circuit erred by failing to consider the unconstitutional takings defense raised by raisin growers who were subject to penalties and assessments for failure to pay assessments and set aside reserve-tonnage raisins under a Depression-era program intended to stabilize prices for agricultural commodities by limiting their…
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SCOTUS Declines Review of Contaminated Pet Food Claims
The U.S. Supreme Court has denied the request to review a Washington appeals court dismissal of claims filed by a man who alleged that contaminated pet food caused his cat’s death. Earl v. Menu Foods Income Fund, Inc., No. 12-1083 (U.S., cert. denied May 13, 2013). According to a news source, the defendant had recalled…
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Spurned Expert Asks SCOTUS for Non-Party Right to Appeal
David Egilman, whose expert testimony was deemed inadmissible in proceedings involving a consumer’s exposure to the butter-flavoring chemical diacetyl in microwave popcorn, has filed a petition for writ of certiorari (No. 12-697) in the U.S. Supreme Court. He asks, “Whether a nonparty to a district court proceeding has a right to appeal a decision that…