Meat Processors Enter Dispute over Responsibility for E. Coli Outbreak

Nebraska Beef, Ltd. has filed a lawsuit in federal court seeking a declaration that it was not responsible for the E. coli contamination that led to the recall of nearly 7 million pounds of beef in 2008. Nebraska Beef, Ltd. v. Meyer Foods Holdings, L.L.C., No. 09-43 (D. Neb., filed January 30, 2009). According to the complaint, the defendant provided the meat subject to the recall to Nebraska Beef for processing and shipping. When contaminants were found, the defendant informed Nebraska Beef that legal claims were being made against it and demanded indemnification from Nebraska Beef. Stating that it “expressly denies the Contamination originated at its processing plant; that it was negligent in its processing or handling of any cattle or product; or that it breached any of the terms of its agreement(s) with Meyer Natural Foods,” Nebraska Beef, which has also been sued over the incident, requests a judicial declaration as to “its rights and liabilities, if any, with respect to Meyer Foods Holdings, L.L.C.,” and damages exceeding $75,000.