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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!