Most ConAgra Peanut Butter Claims Survive Dismissal

Law360, New York (May 23, 2008, 12:00 AM EDT) -- ConAgra Foods Inc. was unable to toss its product liability lawsuit over salmonella in its peanut butter, after a federal judge ruled on Thursday that most of the amended claims in the multidistrict litigation should not be dismissed.

ConAgra had asked the court to dismiss the plaintiffs' unjust enrichment claim because the company had not been able to obtain any direct benefit from putting salmonella into peanut butter. But the judge disagreed.

“To be sure, there is solid support for the defendant's interpretation of a direct...
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