SCOTUS Declines Review of Contaminated Pet Food Claims

The U.S. Supreme Court has denied the request to review a Washington
appeals court dismissal of claims filed by a man who alleged that contaminated
pet food caused his cat’s death. Earl v. Menu Foods Income Fund, Inc.,
No. 12-1083 (U.S., cert. denied May 13, 2013). According to a news source, the
defendant had recalled some of its pet foods due to melamine contamination,
but the plaintiff apparently failed to produce admissible evidence that those
foods were implicated in his pet’s death. In its opposition to the plaintiff’s
petition to the Court, Menu Foods reportedly stated that no federal question
was presented. Rather, at issue was whether state law on the preservation
and destruction of evidence had been properly applied. See Bloomberg BNA
Product Safety & Liability Reporter, May 13, 2013.