Tag: Certiorari

Update: Supreme Court Declines Review of Methylmercury Case With Potential Preemption Implications

An update to a case we’ve been following: the U.S. Supreme Court has refused to review a decision by the U.S. Court of Appeals for the Third Circuit involving state-law claims over methylmercury content in canned tuna. The Supreme Court’s order in Tri-Union Seafoods, LLC v. Fellner leaves in place the Third Circuit’s ruling that … Continue Reading

Supreme Court Asked to Hear Preemption Case Involving Methylmercury; FDA Issues Draft Documents Regarding Consuming Commercial Fish

By Guest Blogger Bryan Anderson The maker of Chicken of the Sea products has asked the U.S. Supreme Court to grant certiorari in a case we reported on involving preemption of state-law tort claims. In August 2008, the Third Circuit in Fellner v. Tri-Union Seafoods, LLC reversed the district court and held that Food and … Continue Reading

Supreme Court Denies Certiorari on Salmon Labeling Case

UPDATE to previous blog entries about the California salmon labeling case (Albertsons v. Kanter) - Just yesterday, the U.S. Supreme Court denied certiorari.  The Supreme Court’s ruling followed briefing submitted by the Solicitor General (aka Bush Administration). The Bush Administration  argued in support of the California Supreme Court’s  opinion that claims under state law for alleged mislabeling of salmon are not preempted by federal … Continue Reading
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