Tag: New York
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Consumer Claims Fruit Snack Marketing is False and Misleading
According to news sources, a New York woman is seeking $5 million in damages in a putative class action against General Mills, alleging that the company falsely promotes its Fruit Roll-Ups® and other fruit snacks as nutritious and healthy while failing to properly disclose to consumers that partially hydrogenated oil is a product ingredient. McClure…
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Master Recommends Denying Class Certification Motion in Ground Beef E. Coli Case
A federal magistrate in New York has recommended that the district court deny the class certification motion filed by plaintiffs who allege either personal or economic injury from the purchase of frozen ground beef products purportedly tainted with E. coli. Patton v. Topps Meat Co., No. 07-654 (W.D.N.Y., recommendation entered May 27, 2010). The defendants include…
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Federal Appeals Court Sends Obesity Disability Litigation Back to Trial Court
The Second Circuit Court of Appeals has returned to a federal district court litigation alleging that a karate instructor was fired because he was obese in violation of a New York City law that forbids disability-based workplace discrimination. Spiegel v. Schulmann, No. 06-5914 (2d Cir., decided May 6, 2010). According to the appeals court, no cases…
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Consumer Files Popcorn Lung Claims in New York
Alleging that her habit of consuming two to three bags of microwave popcorn daily between 1991 and 2007 caused her severe lung disease, a New York resident has sued a host of defendants, including 100 “John Does,” in state court. Mercado v. ConAgra Foods, Inc., No. __ (N.Y. Sup. Ct., Queens Cty., filed May 3, 2010).…
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Insurance Companies Seek Contribution from Other Insurers in Defending Diacetyl Exposure Lawsuits
A group of insurance companies has sued another group of insurers, seeking a declaration that the defendants are also required to indemnify and defend flavoring companies that have been named as defendants in lawsuits by former microwave popcorn- and candy-plant employees alleging injuries from exposure to diacetyl. Arrowood Indem. Co. v. Atl. Mut. Ins. Co.,…
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New York Bills Address Trans Fats and HFCS in Foods Sold Statewide
Assembly members have introduced a bill (A10665) similar to legislation in effect in New York City, that would restrict the use of artificial trans fats in foods sold in restaurants and retail food stores. Sponsored by Assemblymen Felix Ortiz (D-Brooklyn) and Richard Gottfried (D-Manhattan), the trans fat bill would not allow the use or sale of…
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Insurance Carrier Seeks Reimbursement for Defense Costs in Diacetyl Litigation
Old Republic Insurance Co. has filed a lawsuit in a New York state court, seeking a declaration that it is entitled to reimbursement for the costs it has incurred defending a company that distributed diacetyl and has been sued with other companies for personal injuries allegedly sustained from exposure to the butter-flavored chemical. Old Republic…
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District Court Orders Pelman Parties to Refile Class Certification Pleadings
The U.S. district court judge now presiding over the obesity-related claims in Pelman v. McDonald’s Corp. has ordered the parties to refile a number of documents previously submitted on motions addressing class certification. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., order entered March 24, 2010). Among the documents the court has requested are the defendant’s…