Tomato Growers' Payback Claims Wither In Fed. Circ.
By Joe Van Acker (October 29, 2015, 12:49 PM EDT) -- Tomato growers aren't entitled to compensation from the federal government after their sales slumped following the U.S. Food and Drug Administration's incorrectly linking a salmonella outbreak to their produce, the Federal Circuit ruled Wednesday, affirming a decision by the U.S. Court of Federal Claims.
The appellate court said it was sympathetic to Dimare Fresh Inc. and dozens of other farms from Florida, Georgia and South Carolina, but said their claim that the government had effectively seized their products without paying for them would stretch the Fifth Amendment's takings clause beyond practicality.
"Although the FDA's press releases and media briefing adversely impacted...
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!