Court Dismisses “Non-GMO” Lawsuit Against Beverage Cos. Filed by “Frequent Flyer”

A federal court in Maryland has dismissed, under the first-to-file rule, a
lawsuit brought by a plaintiff characterized as a “frequent flyer in the United
State judicial system,” finding that five similar putative class action lawsuits
against the defendants, three of which were filed before the plaintiff filed
his complaint, are currently pending in a federal court in California. Hinton v.
Naked Juice Co., No. 11-3740 (D. Md., decided April 30, 2012).

The plaintiff, who has apparently filed at least 43 other federal civil lawsuits,
all dismissed as frivolous, sought $100,000 in damages from the defendants,
claiming that they label their beverages as “Non-GMO” and “natural” while
using genetically modified and synthetic ingredients. He filed the complaint
in state court, and it was removed to federal court. After the defendants
sought to dismiss the case or transfer it to California on convenience grounds,
the plaintiff filed a motion for remand. The court found that the (i) plaintiff
was a member of the putative classes in the actions brought in California,
(ii) theories asserted in the cases “are essentially the same,” and (iii) causes of
action have considerable overlap. Accordingly, the court dismissed “the action
as duplicative under the first-to-file rule.”

The court also would have transferred the case to California because the
plaintiff could have brought his action there, despite his alleged residency
in Maryland, because he has “repeatedly filed cases in out-of-state courts,
including at least one in California.” In a footnote, the court observes that
the plaintiff has also filed actions claiming to be a Virginia resident and an
Alabama resident. The court denied the plaintiff’s motion to remand, determining
that it was frivolous.