Hopes Of Class Cert. Dealt Blow In Topps Recall Suit

Law360, New York (May 28, 2010, 3:01 PM EDT) -- A magistrate judge has recommended denying class certification to consumer plaintiffs affected by Topps Meat Co. LLC's 2007 recall of nearly 22 million pounds of meat, saying individual issues would dominate over common ones.

Extensive, individualized tests would be required to prove definitively that each plaintiff were infected with E. coli and that Topps products were the cause, Magistrate Judge Jeremiah J. McCarthy of the U.S. District Court for the Western District of New York said in a report and recommendation issued Thursday.

Plaintiffs asked the...
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