Ex-Blue Bell President Beats Charges In Listeria Case

Law360 (July 16, 2020, 8:59 PM EDT) -- A Texas federal judge on Wednesday dismissed felony charges against the former president of Blue Bell Creameries related to allegations the ice cream maker shipped products linked to a 2015 listeriosis outbreak, after the executive argued that prosecutors never properly secured an indictment.

Paul Kruse had argued in June that the seven felony charges should be dismissed because, while prosecutors had filed an information purporting to charge him, they never secured an indictment and Kruse never waived his right to one.

"The Fifth Circuit has declared repeatedly that a district court lacks subject-matter jurisdiction over felony charges unless there is either an indictment...

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