A father has filed a lawsuit alleging that eating Dole Food Co.'s ready-to-eat salad greens caused his son to develop Listeria meningitis, leaving the son with long-term impairment of motor, cognitive and communication skills. Robinson v. Dole Food Co., No. 17-13644 (E.D. Mich., filed November 8, 2017). The complaint alleges that the son was served packaged salads at his group-care facility and developed meningitis, which the Centers for Disease Control and the Michigan Department of Community Health apparently concluded was caused by the same strain of Listeria that infected 30 people in a 2015-2016 outbreak linked to Dole salad greens. The complaint further alleges that the U.S. Food and Drug Administration (FDA) conducted an inspection of Dole’s Springfield, Illinois, facility where the bagged salads were produced and concluded that the facility violated a number of food-safety rules, including failing to test for Listeria on food contact surfaces and failing to notify FDA…
Tag Archives Michigan
A Muslim man who alleges he was served pork pepperoni on a pizza sold as halal has filed a $100-million putative class action against Little Caesar Enterprises. Bazzi v. Little Caesar Pizza, 17-7931 (Mich. Cir. Ct. Wayne Cty., filed May 25, 2017). According to the complaint, the plaintiff ordered the pizza at a franchise location in Dearborn, Michigan, that advertises halal pizza, but although the pizza box displayed a halal sticker, the pepperoni contained pork. Alleging breach of contract, unjust enrichment and fraud, the plaintiff seeks class certification, compensatory and punitive damages and attorney’s fees. Issue 636
A Michigan federal court has denied The International Group Inc.’s (IGI’s) motion for summary judgment in a case alleging that the waxmaker and FPC Flexible Packaging Corp. provided Kellogg with non-merchantable cereal bags. Kellogg Co. v. FPC Flexible Packaging Corp., No. 11-272 (W.D. Mich., order entered September 30, 2014). IGI supplied wax to FPC, which used it to construct cereal bags sold to Kellogg. The bags were then used as liners in boxes of Corn Pops, Froot Loops, Apple Jacks, and Honey Smacks, and after consumers complained of nausea and diarrhea, Kellogg destroyed its inventory of the cereals and issued vouchers to consumers who had already purchased boxes. After ruling that Canadian law applied, the court assessed the contract between FPC and IGI, determining when it began, what terms were implicit and what warranties existed as a result. “Questions of fact exist as to whether the wax was merchantable,” the…
A Michigan federal court has denied a motion filed by FPC Flexible Packaging Corp. and The International Group, Inc. to dismiss evidence for spoliation in a case accusing the packaging company and the wax maker of providing Kellogg defective cereal liners, resulting in a $70 million recall. Kellogg Co. v. FPC Flexible Packaging Corp., No. 11-272 (U.S. Dist. Ct., W.D. Mich., S. Div., order entered August 12, 2014). Kellogg allegedly received several consumer complaints of unusual odors in its products, and the company said it obtained samples of products from two of the consumers. The cereal samples have since disappeared, but Kellogg preserved a piece of the plastic liner provided by one of the consumers. International and FPC argued that the loss of evidence could not have been accidental because Kellogg managed to keep the sample of the liner, but the court dismissed their arguments. “An appropriate jury instruction addressing the use…
The Third Circuit has reversed a Michigan district court’s dismissal in a case alleging that H.J. Heinz Co. stole the idea for the “Dip & Squeeze” ketchup packet from plaintiff David Wawrzynski, an inventor who had proposed the idea to the company in 2008. Wawrzynski v. H.J. Heinz Co., No. 13-4100 (3d Cir., order entered July 21, 2014). Wawrzynski owned a 1997 patent for a condiment packet that allowed users to dip food into it. From that idea, he developed a “separate and distinct” condiment packet that he called the Little Dipper, which allowed users to either dip food into it or squeeze out the contents. He met with Heinz in 2008 and discussed the possibility of selling the idea to the company, but they never reached a deal. Later, Heinz released its Dip & Squeeze ketchup packet, which allows users the option of dipping food directly into it or…
According to a news source, a Michigan state court has approved a settlement of claims that a McDonald’s franchisee falsely advertised some of its chicken products as halal, or prepared in accordance with Muslim dietary restrictions. Ahmed v. Finley’s Mgmt. Co., No. 11-014559-CZ (Mich. Cir. Ct., Wayne Cty., settlement approved April 17, 2013). The settlement was approved despite objections that the $700,000 settlement fund would be unfairly distributed, for the most part, to two charities without compensating those harmed by the purported fraud. Additional information about the litigation appears in issues 468, 471, 473, and 475 of this Update. The attorney who was a member of the class, posted objections to the settlement on his Facebook® page and successfully defeated a gag order imposed by the court has reportedly indicated that he does not plan to appeal after plaintiffs’ counsel assured him that some of their $233,000 in fees would…
According to a news source, a Michigan judge has lifted a gag order imposed on an attorney who posted information on his Facebook page critical of a proposed settlement of claims that a McDonald’s Corp. franchisee sold as halal certain chicken products without complying with Islamic standards; the court has also granted his request to reopen the class period thus extending the time for class members to object, intervene or opt out. Ahmed v. McDonald’s Corp., No. 11-014559 (Mich. Cir. Ct., Wayne Cty., order entered March 12, 2013). Additional information about the case and attorney Majed Moughni’s claims of unlawful prior restraint appears in issues 468, 471 and 473 of this Update. In her supplemental notice, Judge Kathleen Macdonald notes, “[a]s you probably know, there was a great deal of attention given to this proposed settlement from the news media (newspapers, television, radio and internet sources) and in social media. For…
The Dearborn, Michigan-based attorney who was ordered to remove statements from his Facebook® page opposing a proposed class-action settlement in a case raising allegations that a McDonald’s Corp. franchisee purported to sell halal chicken when some of the products were not prepared according to Islamic law has filed a motion to vacate the order and to extend the period for filing objections or opting-out. Ahmed v. McDonald’s Corp., No. 11-014559 (Mich. Cir. Ct., Wayne Cty., motion filed February 22, 2013). Represented by advocacy group Public Citizen, Majed Moughni claims that the court’s order “was a prior restraint forbidden by the First Amendment.” Additional information about the proposed settlement and Moughni’s criticism of it appear in issues 468 and 471 of this Update. According to the brief accompanying the motion, Moughni, his wife and children have eaten at McDonald’s and are thus members of the class. The brief further contends, “Giving Moughni only…
A Michigan court has reportedly entered an order specifying what will appear on the Facebook® page of the attorney who filed a complaint seeking to set aside a settlement resolving claims that a McDonald’s Corp. franchisee purported to sell halal chicken when some of the products were not prepared according to Islamic law. Additional details about the settlement appear in Issue 468 of this Update. The court ordered Dearborn-based attorney Majed Moughi to remove any criticism of the proposed settlement from the site, which is apparently popular as a source of news in the Muslim community—drawing 20,000 views each month, prominently post the settlement agreement itself, provide the names of anyone who “liked” or supported the original post, and refrain from discussing the settlement with anyone who might be affected or the media. According to a news source, the Facebook® page has effectively become static because any new posts or…
McDonald’s Corp. and a franchisee that owns a Dearborn, Michigan, restaurant which purported to sell halal chicken products have agreed to settle complaints that some of the products sold to consumers were not prepared according to Islamic law. Ahmed v. Finley’s Mgmt. Co., No. 11-014559-CZ (Wayne Cty. Cir. Ct., Mich., hearing held January 18, 2013). While denying any liability, the defendants will post notices about the settlement in two area restaurants, at area mosques and in several other locations. The settlement amount is $700,000, including attorney’s fees and an incentive award for the plaintiff. The net proceeds will be distributed to a health clinic and to the Arab American National Museum in Dearborn. According to plaintiff’s counsel, “McDonald’s from the very beginning stepped up and took this case very seriously. They made it clear they wanted to resolve this. They got ahead of the problem.” See The Washington Post, January…
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