Food Litigation

We have one of the most experienced and comprehensive food litigation teams in the United States. We litigate on behalf of food industry clients every day, and that experience gives us a distinct advantage over lawyers who simply dabble in this area. From daily counseling to “bet-the-farm” disputes, we are prepared to help you be successful.

Overview

Food safety litigation
We are nationally recognized for food safety litigation. We have represented food companies in some of the largest food safety events across the country. From initial outbreak crisis response to resulting customer, class action, and supply chain litigation we have worked with food company clients of all sizes, traversing the difficult circumstances that food safety litigation can create. We regularly serve as lead national counsel for some of the largest restaurants concepts, food manufacturers, food producers, retailers, and distributors in the food industry, counseling them on risk management and policy development to help reduce litigation risk and exposure.

Food labeling litigation
Food labeling cases have surged in the “Food Court” and other jurisdictions. Companies must now regularly modify their labels and advertising in response to always-creative plaintiffs’ attorneys. We have an extensive background in helping food and beverage clients on food labeling and advertising issues. We regularly counsel clients on FDA, USDA, and FTC compliance as well as local and state laws.

Consumer class action litigation
We have one of the most active consumer class action defense practice on the West Coast. Our lawyers strive for early success in high-stakes class action litigation. In the majority of class actions we have handled, we have obtained pre-certification dismissals, negotiated individual settlements or voluntary dismissals, defeated class certification motions, or obtained orders striking class allegations, often before the client has had to incur significant discovery costs. When that has not been possible, we have obtained summary judgment on a class-wide basis or won at trial on the merits. And, when circumstances have warranted it, we have crafted favorable settlements.

Food regulatory experience
Our attorneys’ extensive experience with administrative agencies that oversee the food and beverage industries allows us to offer a level of service that few firms can match. We keep up-to-date on pending regulations, enforcement and related issues at local, state and national levels. Our understanding of the relationship between FDA and USDA regulations and state laws, and the litigation risks associated with them, helps us better service and advise our clients.

Supply chain dispute

Defended client against significant personal injury claims stemming from inadvertent listeria contamination caused by vendor's defective ingredient. Successfully resolved the injury claims via settlement. Also represented client in negotiations with vendor and successfully recovered compensation for lost profits and recall-related expenses without resorting to litigation. (2019)

United Food Group v. Cargill, McStay

Won jury verdict in liability trial on behalf of food manufacturer against supplier of contaminated raw ingredient. (C.D. Cal. 2014)

Fairbank Reconstruction Corp. v. Greater Omaha Packing Co., Inc.

Representing ground beef manufacturer in a lawsuit to recover recall-related expenses and lost profits stemming from a supplier's provision of E. coli-contaminated raw beef. (W.D.N.Y. Ongoing)