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…
Blog Archives
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…
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…
