A Michigan appellate court recently ruled that a commercial property insurer properly denied coverage for the cost of cheese seized by the government that could not be returned to market. In this unpublished opinion, the three-judge panel upheld the trial…
Yearly Archives: 2013
Seeking Contribution for Coverage Costs Associated with Historic 2011 Listeria Outbreak
Continental Western Insurance Company (“CWIC”) recently filed suit against Colony Insurance Company in Colorado federal court seeking declaratory relief and contribution for Colony’s alleged failure to share in defense and indemnity costs in connection with the deadly 2011 listeria outbreak. …
Don’t Overstep Regulations: Third Circuit Rules that FDA Regulations Trump State Causes of Action in Trans-Fat Labeling Claim
The Third Circuit Court of Appeals recently ruled that FDA regulations preempted a consumer class action complaint alleging that trans-fat content and cholesterol-reduction claims on light spread butter and margarine substitutes misled customers. This decision adds to the growing list…
Framing of Damages Determines Duty to Defend in Recent New York Case
A New York appellate court recently upheld a supreme court ruling that an insurer had a duty to defend a manufacturer’s faulty workmanship where it resulted in third party property damage. I.J. White Corp. v. Columbia Cas. Co., 2013 NY…
The Horses Are Off (the Shelves)! Odds Are that the Ensuing Litigation Will Be An Endurance Race
Regulators, food distributors, and, of course, lawyers are scrambling to determine the legal and reputational consequences of the still-growing horse meat scandal that recently hit Europe. Amid the recalls, finger-pointing, and consumer outrage at the thought of eating horse meatballs…
Supreme Court Rejects Class Action Plaintiff’s Stipulation of Damages to Avoid Federal Court
The United States Supreme Court handed class action defendants a major victory today in the case of Standard Fire Insurance Co. v. Knowles (Supreme Court opinion available here). The Class Action Fairness Act of 2005 (CAFA) gives federal district courts…
NY Court’s Rejection of City’s Soda Restrictions May Chill Similar Health Mandates Says Rich Fama and Other Experts
In wake of the New York state court’s ruling striking down the New York City Department of Health’s controversial large soda ban, Law360 has this article describing the possible regulatory implications. The full opinion may be found here. About The…
The Not So Surprising PCA Indictment
Federal authorities have brought felony charges against former Peanut Corporation of America officials for their role with the fatal 2009 Salmonella outbreak that sickened over 700 and killed 9. Although this prosecution may be the most significant of its kind…
Minnesota’s “Impairment of Function and Value” Test Determines Whether Recalled Food Constitutes Property Damage
We often associate food recalls with harmful and contaminated products but manufacturers actually issue recalls for a variety of reasons. Companies sometimes issue recalls because of suspected, but not confirmed, contamination or other quality control issues. Other times, they issue…
“All Natural” Food Labeling Claims Trending in California
New Year’s resolutions may already be waning but consumers continue to purchase foods and beverages bearing the “All Natural” labels in an effort to eat healthier. The only food trend hotter than buying “Natural” foods and beverages is suing the…
