Jurisdictional Discovery to Proceed in Deceptive Trade Suit Against OJ Maker

A federal court in Alabama has granted in part a motion to stay discovery in litigation alleging that an orange juice maker misrepresented that its product is not made from juice concentrate, but is rather “100% pure Florida squeezed.” Leftwich v. TWS Mktg. Group, Inc., No. 11-1879 (N.D. Ala., order entered December 12, 2011). The court will allow discovery as to “general personal jurisdiction” over the non-resident beverage maker to proceed, while staying discovery as to all other matters.

Residents of Indiana and Alabama brought the putative class action after the
Food and Drug Administration warned the company in November 2010 that
its labeling violated the Federal Food, Drug, and Cosmetic Act. According
to the court, if jurisdiction over the defendant is lacking, it will dismiss the
Indiana plaintiff, “leaving [the Alabama plaintiff] to proceed only on the count
of unjust enrichment—which itself is still subject for consideration in [the
defendant’s pending] motion to dismiss.”