Food & Beverage Litigation & Regulatory Update

Tag: pathogen

  • Peanut Corp. of America Files for Bankruptcy; Plaintiffs’ Lawyer Seeks to Lift Stay

    The Peanut Corp. of America, whose Salmonella-tainted peanut butter and peanut paste products led to one of the largest food recalls in the United States, has reportedly filed for Chapter 7 bankruptcy protection in Virginia. The day it did so, Texas health officials apparently announced a recall of all products manufactured at the company’s peanut-processing…

  • Congress Seeks Answers in Salmonella Outbreak; PCA President Takes the Fifth

    A subcommittee of the House Energy and Commerce Committee conducted a hearing February 11, 2009, to hear from victims, regulators and the individuals who own and operate the Georgia peanut processing facility responsible for the latest Salmonella outbreak. Titled, “The Salmonella Outbreak: The Continued Failure to Protect the Food Supply,” the hearing gave congressmen the opportunity…

  • Canadian Meat Producer Agrees to Settle Listeriosis Claims

    Maple Leaf Foods Inc. has agreed to pay $25 million to settle class claims filed after ready-to-eat meats tainted with Listeria monocytogenes allegedly sickened dozens of Canadians and caused 20 deaths in 2008. The settlement, which must be approved by courts in several provinces, would provide an additional $2 million if needed to fully compensate…

  • Meat Processors Enter Dispute over Responsibility for E. Coli Outbreak

    Nebraska Beef, Ltd. has filed a lawsuit in federal court seeking a declaration that it was not responsible for the E. coli contamination that led to the recall of nearly 7 million pounds of beef in 2008. Nebraska Beef, Ltd. v. Meyer Foods Holdings, L.L.C., No. 09-43 (D. Neb., filed January 30, 2009). According to the complaint,…

  • Punitive Damages Added to Tainted Peanut Butter Claims; Criminal Investigation Launched

    Food litigator William Marler has reportedly filed an amended complaint on behalf of a Vermont couple whose son was allegedly sickened and hospitalized following ingestion of a product containing Salmonella-tainted peanut butter. Meunier v. Peanut Corp. of Am., No. 09-12 (M.D. Ga., first amended complaint filed January 28, 2009). The plaintiffs are now seeking punitive damages for…

  • William Marler, “Serving Up Trouble,” Trial, January 2009

    Food litigator William Marler discusses the 2006 spinach E. coli outbreak in this article, which provides an overview of the issues that plaintiffs’ lawyers should consider when they represent clients allegedly sickened by contaminated fresh produce. Among the issues flagged are (i) which entities are liable under a strict products liability scheme; (ii) what effect…

  • New Peanut Butter Salmonella Lawsuit Filed; Product Recall Expanded

    Food litigator William Marler has filed a second lawsuit against the Peanut Corp. of America (PCA) on behalf of a California family whose 3-year-old son allegedly fell ill and was hospitalized after eating Salmonella-contaminated peanut butter cracker sandwiches made with a PCA peanut butter product. Trone v. Peanut Corp. of Am., No. 09-418 (N.D. Cal., filed January…

  • Plaintiffs’ Bar Prepares Litigation in National Salmonella Outbreak

    With hundreds of foods containing potentially contaminated peanut butter being recalled daily, plaintiffs’ lawyers across the nation have begun to file claims against producers, suppliers, retailers, and others in the supply chain. Food claims lawyer William Marler has reportedly brought an action against the Virginia-based Peanut Corp. of America on behalf of Vermont residents Gabrielle…