Tag: Washington
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More Lawsuits Filed After GM Wheat Found in Oregon Field
Two additional putative class actions have been filed against Monsanto Co., alleging that the recent discovery of genetically modified (GM) wheat on a farm in Oregon has harmed wheat farmers throughout the United States due to diminished prices “resulting from loss of export and domestic markets” and “increased grower costs resulting from the need to,…
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Emotional Distress Claims Allowed for Uneaten Contaminated Food in Washington
Answering a question certified by the Ninth Circuit Court of Appeals, a divided Washington Supreme Court has determined that a deputy sheriff who was served, but did not consume, a Burger King hamburger contaminated with an employee’s spit, may recover under state product liability law for emotional distress, “but only if the emotional distress is…
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Spam Text Class Action Certified Against Papa John’s
A federal court in California has certified a nationwide class and Washington subclass of individuals who received purportedly unsolicited text messages sent by OnTime4U to advertise Papa John’s pizza products. Agne v. Papa John’s Int’l, Inc., No. 10-1139 (W.D. Wash., decided November 9, 2012). An appeal was filed before the Ninth Circuit on November 26. According…
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Washington Extends BPA Ban to Sports Bottles
The Washington Department of Ecology has implemented the second part of a statewide measure “banning the sale of certain products containing BPA,” which now includes sports bottles with capacity up to 64 ounces. As of July 1, 2012, sport bottles containing bisphenol A (BPA) can no longer “be made, sold or distributed” in the state…
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Court Dismisses Robo-Call Litigation as to Domino’s Pizza
A federal court in Washington has dismissed franchisor Domino’s Pizza from litigation alleging that a franchisee’s use of automatic calls with a prerecorded message to numbers stored from previous orders violated state and federal laws prohibiting “robo-calls.” Anderson v. Domino’s Pizza, Inc., No. 11-902 (W.D. Wash., decided May 15, 2012). While the claims against the franchisee…
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Certified Organic Beef Ranchers Sue Government for Herbicide Spraying
Alleging that a government contractor sprayed an herbicide on their property as part of transmission-line maintenance, the owners of a state-certified organic beef farm in Skagit County, Washington, have sued the U.S. government and the contractor for damages incurred by the contamination of their property. Benson v. United States, No. 11-1619 (W.D. Wash., filed September…
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Ninth Circuit Increases Award to Latino Farm Workers in Washington State
In an unpublished opinion, a divided Ninth Circuit Court of Appeals panel has determined that a district court erred in awarding Latino farm workers less than statutory damages for growers’ violations of Washington’s Farm Labor Contractors Act (FLCA). Perez-Farias v. Global Horizons, Inc., No. 10-35397 (9th Cir., decided August 17, 2011). The court remanded the…
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Challenge to Humane Livestock Slaughter Law Dismissed
An intermediate appellate court in Washington has affirmed the dismissal of a lawsuit challenging part of a state law requiring the humane slaughter of livestock. Pasado’s Safe Haven v. Washington, No. 64452-1-I (Wash. Ct. App., decided July 25, 2011). The plaintiff, an animal rights advocacy organization, challenged that part of the statute which included within…