In Netherlands Insurance Company v. Phusion Projects, the Seventh Circuit Court of Appeals ruled that the insurer of the makers of Four Loko has no duty to defend it in lawsuits alleging the alcoholic beverage caused serious injury and death. …
Blog Archives
Michigan Appeals Court Rules Against Coverage for Uncontaminated but Seized Cheese
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 In this unpublished opinion, the three-judge panel upheld the trial…
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. …
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…
Sunland Salmonella Saga Provides a Window to FDA Enforcement
A new year is here, and the food industry remains in a sort of regulatory limbo. Between the FDA’s delay in releasing regulations under the implementation deadlines set forth in the Food Safety Modernization Act (FSMA) and inadequate funding from…
Airline Food Safety and Accountability
Delta made headlines this summer when passengers discovered needles in turkey sandwiches served on three separate flights from Amsterdam to the U.S. Both the Transportation Security Administration (“TSA”) and the FBI announced that they would be investigating the catering company, Gate Gourmet, to determine the…
Posted in Food Safety
FDA Announces 100k Genome Project
The Food and Drug Administration(FDA) and the Centers for Disease Control (CDC) are collaborating with the University of California Davis and Agilent Technologies, a chemical analysis/engineering company from Santa Clara, California, to sequence the genetic codes of 100,000 types of lethal…
Posted in Food Safety, Food Safety Modernization Act
