Safeway Can't Dodge Product Recall Warning Class Action

By Kurt Orzeck (April 7, 2014, 4:18 PM EDT) -- A California federal judge on Monday refused to kill a putative class action claiming Safeway Inc. should have warned "Club Card" holders about product recalls, ruling the grocery chain couldn't carve an exception out of a state negligence law imposing a general duty of care.

In an order denying defendant's motion for summary judgment, U.S. District Judge Richard Seeborg held that Safeway didn't show a statutory or public policy exception justifying a post-sale, no-duty rule, and didn't show that no post-sale duty to warn exists under California negligence law.

Safeway counsel claimed Safeway Inc. Club Card holders' motion for certification was...

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