Tag: Pennsylvania
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Fourth Lawsuit Challenges Length of Subway’s Sandwiches
In addition to a lawsuit filed in Illinois and two filed in New Jersey, a fourth has been filed against Subway Sandwich Shops Inc. in Pennsylvania, alleging that the company’s “Footlong” sandwich “consistently measures significantly less than twelve inches in length.” Roseman v. Subway Sandwich Shops, Inc., No. 130102647 (Philadelphia Cty. Pa. Ct. Com. Pl., filed…
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MDL Court Certifies Class of Purchasers After Full-Blown Daubert Analysis
A multidistrict litigation (MDL) court that is considering pretrial matters in 91 consolidated antitrust lawsuits alleging that major chocolate manufacturers conspired to implement price increases from 2002 through 2007, has granted the direct-purchaser plaintiffs’ motion for class certification. In re Chocolate Confectionery Antitrust Litig., MDL No. 1935 (M.D. Pa., order entered December 7, 2012). The court…
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Court Allows Truck Driver’s Civil Rights Claims to Proceed Against Burger King Franchisee
A federal court in Pennsylvania has denied the motion for summary judgment filed by a Burger King franchisee sued for violating the civil rights of an African-American truck driver who alleged that restaurant employees spit in his sandwich before serving it. Goodwin v. Fast Food Enters. #3, LLP, No. 10-23 (W.D. Pa., decided May 16, 2012).…
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Court Enjoins Dairy Farmer from Selling Raw Milk Across State Lines
A federal court in Pennsylvania has granted the U.S. government’s motion for summary judgment and permanently enjoined a Pennsylvania dairy farmer from selling raw milk and milk products in interstate commerce. United States v. Allgyer, No. 11-02651 (E.D. Pa., decided February 2, 2012). According to the court, Daniel Allgyer’s interstate sales of raw milk were…
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MDL Court Releases Several Defendants from Egg Products Antitrust Litigation
A federal multidistrict litigation (MDL) court has granted several motions to dismiss in consolidated actions alleging a conspiracy by egg producers and trade associations to restrict the domestic supply of eggs. In re: Processed Egg Prods. Antitrust Litig., MDL No. 2002 (E.D. Pa., decided September 26, 2011). Among other allegations, the plaintiffs contend that the defendants…
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Dispute over Allegedly Defective Bottles Settles
While settlement terms are apparently confidential, a high-end bottled water company has reportedly settled its claims against a company that supplied bottles which reacted to the water by causing foaming and a poor taste. Penta Water Co. v. Zuckerman-Honickman, Inc., No. 09-2633 (E.D. Pa., dismissed with prejudice September 21, 2011). The water company evidently switched…
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Recently Filed Lawsuits: Death in a Chocolate Factory, Demand for Documents in NYC “Man Drinking Fat” Ads, New Claims That Wesson Oil Is Not “100% Natural”
The parents of a 29-year-old who died after he fell into a vat of chocolate have filed a wrongful death action in a Pennsylvania state court against the company that owned the plant where he worked and a number of other defendants involved in manufacturing the allegedly faulty equipment that purportedly led to the accident.…
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Candy Makers Spar over Packaging
Hershey Company has reportedly sued Mars for trademark infringement in a Pennsylvania federal court, alleging that colors used in the packaging for Mars’s Dove peanut-butter milk-chocolate Promises® candy is too similar to what Hershey uses for its Reese’s Peanut Butter Cups®. Mars apparently filed a preemptive suit just days earlier in a Virginia federal court,…