Category Archives Issue 448

Seeking to represent everyone who purchased a mahi mahi dish in Sharky’s Woodfired Mexican Grills throughout California, four Los Angeles County residents have filed suit alleging that the menu items do not contain mahi mahi fish as advertised. Chenier v. Sharky’s Franchise Group, LLC, No. 30-2012-00587784 (Cal. Super. Ct., filed July 31, 2012). The plaintiffs claim that they would not have purchased the products had they known the products were not made with mahi mahi. They allege violations of the California Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act, negligent and intentional misrepresentation, and breach of express warranty, and seek disgorgement, restitution, public disclosure, injunctive relief, compensatory and punitive damages, attorney’s fees, and costs.

Daniele International, Inc. has requested that a federal court in Rhode Island enter a $33.1 million default judgment against a spice and seasonings company that allegedly supplied the Salmonella-tainted pepper which resulted in a recall of more than 1.2 million pounds of salami products in 2010. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-1558 (D.R.I., motion filed July 30, 2012). The defendant has purportedly failed to respond to the complaint or to Daniele’s motion for entry of default. The plaintiff contends that its damages totaled $33,181,174.

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