Tag: Supreme Court

Third Circuit Rules that Food Service Management Companies and Distributors are Not Competitors for Robinson-Patman Act Analysis

If a manufacturer is selling the exact same goods to someone else for 59% less than it will sell to you, it would seem natural that you’d pick up the phone and call your lawyer and sue someone, wouldn’t it?  In particular, this would seem to be a classic violation of the Robinson-Patman Act,15 U.S.C. … Continue Reading

Consumer Fraud Claims: Examples of Good and Bad Motion Practices

The Good: Tropicana recently brought a motion to dismiss the Zupnik putative consumer fraud class claims pending against it. Zupnik alleges that Tropicana misled consumers in the promotion of its “Pure 100% Juice Pomegranate Blueberry Flavored Blend of 5 Juices from Concentrate with other Natural Flavors” because its front label did not include pictures of fruits … Continue Reading

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
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