Tag: Wisconsin
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Wisconsin Supreme Court Rules for Workers in Hormel Don-Doff Class Action
The Wisconsin Supreme Court has ruled that a class of manufacturing-plant workers at Hormel Food Corp. should be paid for the time they need to change into and out of their required clothes and equipment. United Food & Commercial Workers Union, Local 1473 v. Hormel Food. Corp., No. 2014-AP-1880 (Wis., order entered March 1, 2016).…
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Subway to Measure Sandwiches Under Proposed Settlement Agreement
Subway has reached a settlement agreement in a case alleging its “footlong” sandwiches were not 12 inches in length. In re Subway Footlong Sandwich Mktg. & Sales Practices Litig., MDL No. 2439 (E.D. Wis., settlement agreement filed September 29, 2015). Under the agreement, Subway will require its franchisees to “use a tool for measuring bread…
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Subway Footlong Sandwich Litigation Centralized in Eastern District of Wisconsin
The Judicial Panel on Multidistrict Litigation (JPML) has granted the defendants’ motion for centralization in litigation involving allegations that Subway Sandwich Shops, Inc., and Doctor’s Associates, Inc., “engaged in a false or misleading advertising campaign regarding the size of the Subway Footlong sandwich.” In Re: Subway Footlong Sandwich Mktg. & Sales Practices Litig., MDL No. 2439…
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Federal Court Dismisses Suit Challenging Absence of Bee Pollen in Honey
A federal court in Wisconsin has dismissed as preempted a putative class action alleging that the company which makes Sue Bee Clover Honey® violates a state honey-labeling standard by failing to disclose that the product does not contain bee pollen. Regan v. Sioux Honey Ass’n Coop., No. 12-758 (E.D. Wis., decided January 31, 2013). The…
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New Claims Filed: Medical Monitoring Sought for Animals from Pet Food Co., Foie Gras Ban Challenged, Trade Secret Dispute over Beer Bottle Design, Challenge to “Guiltless” Alcohol Beverage Trademark
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the…
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Court Rulings: Damages Apportioned Along Supply Chain in E. Coli Litigation, Taco Bell Cleared of Unauthorized Text Message Claims, “Heart Attack” and “Bypass” Sandwich Dispute Resolved, False Ad Suit over Muscle Milk® to Proceed, Skinny Girl Margarita® “All Natural” Claims Survive Motion to Dismiss, Conditions Imposed on Pesticide Spraying
The Wisconsin Supreme Court has decided which of the parties sued over an E. coli outbreak that sickened dozens of Sizzler Steak House patrons in 2000 and caused the death of a 3-year-old are liable for consequential damages, indemnity and costs under various supply chain and insurance contracts. Kriefall v. Sizzler USA Franchise, Inc., Nos. 2009AP1212 &…
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Migrant Workers Bring Cannery Employment Row Against Owner in Federal Court
Sixty-five legal migrant workers from Mexico have filed a putative class action against GLK Foods, LLC in a federal court in Wisconsin, seeking to recover wages and damages for breach of contract, including the cost of transportation if the workers were terminated before the end of their certified period of employment. Jiminez v. GLK Foods…
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Beverage Producer Claims Recycler Sold Rather Than Destroyed Substandard Products
Spike, LLC, a company that makes and distributes energy drinks, has filed a lawsuit against the company it hired to destroy 18 pallets of products that Spike determined should be removed from the marketplace as unfit for sale, claiming that the recycling company failed to destroy the products and, in fact, sold them “thereby undercutting…