Aurora Milk Plaintiffs Appeal Preemption Ruling

Law360, New York (July 6, 2009, 12:00 AM EDT) -- Plaintiffs in a multidistrict litigation against Aurora Dairy Corp. and several U.S. retailers alleging that Aurora sold milk falsely certified as organic are appealing a district court's decision last month that their claims were preempted by federal law.

The plaintiffs said in a notice filed Thursday in the U.S. District Court for the Eastern District of Missouri that they were appealing the court's June 2 order dismissing their case to the U.S. Court of Appeals for the Eighth Circuit.

Judge E. Richard Webber dismissed the plaintiffs'...
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