E. Coli Class Action Against Nebraska Beef Removed to Federal Court

Strict liability and breach of warranty claims filed in an Ohio state court in July 2008 after an E. coli outbreak linked to ground beef sold by Nebraska Beef sickened at least 19 in that state have been removed to federal court. Schlagel v. Nebraska Beef, Ltd., No. 08-01091 (S.D. Ohio, removed November 17, 2008). The named plaintiff of this putative class action is a 4-year-old girl, who allegedly “suffered serious physical and emotional injuries.” The proposed class would include “All Ohio claimants who have suffered personal injury caused by Nebraska Beef’s contaminated E. Coli 0157:H7 meat.” The contamination led to the recall of more than 5 million pounds of meat. The company has reportedly denied the allegations and challenges the suitability of the case for class treatment. See Product Liability Law 360, November 18, 2008.