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Class Certification Denied in Microwave Popcorn Litigation
A federal court has denied class certification in a proposed consumer fraud class action arising from the sale of microwave popcorn with artificial butter flavoring. See Courtney Fine v. Conagra Foods, Inc., No. CV 10-01848 SJO (C.D. Calif., Aug. 27, 2010). The facts: Diacetyl is a naturally...
Patty Salkin
Defendant companies entered into a contract where Grace Property would purchase 48 acres of Pacific Farm’s 74-acre property, which was bounded to the north by New York and to the east by Connecticut, to build a church. The planning and zoning commission for the town of New Canaan granted su...
U.S. Urges Reversal of 2d Circuit Global Warming Nuisance Decision
The federal government (Acting Solicitor General Neal Katyal on behalf of the Tennessee Valley Authority, a government-owned company), last week urged the Supreme Court to overturn a court of appeals decision that allowed Connecticut and several other states to move forward in their suit...
Patty Salkin
Neighbors filed a pro se notice of appeal in the Environmental Court of Vermont challenging the Town of Barton Zoning Board of Adjustment’s (ZBA) decision to issue a conditional use permit to Verizon Wireless to build an antenna in the form of an artificial tree adjacent to neighbor’s land. They al...
No Private Right of Action Under Labor Code § 351 for Claim that Employer Wrongfully Took Tips
Labor Code § 351 bars an employer from collecting any gratuity that is left for an employee. Previous cases have addressed whether various tip pooling systems (i.e. systems which pool gratuities for division among a set of employees) operated by the employer are permitted under Labor Code...
