FDA Negligence Claim Preserved In Tomato Recall Suit

Law360, New York (February 23, 2012, 7:40 PM EST) -- A federal judge on Thursday dismissed several counts from a lawsuit that blamed the U.S. Food and Drug Administration for $11 million in damages to a South Carolina vegetable farm resulting from a flawed 2008 tomato recall, while keeping the farm’s negligence claim alive.

U.S. District Judge C. Weston Houck dismissed Williams Farms Produce Sales Inc.’s claims for defamation, slander of title, commercial disparagement, unconstitutional taking and violation of South Carolina's Unfair Trade Practices Act. Judge Houck dismissed the claims after a hearing Thursday and immediately...
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