Mercury In Tuna Class Action Not Out Of The Water

Law360, New York (April 20, 2009, 12:00 AM EDT) -- The U.S. Supreme Court has declined to hear a case filed against the maker of Chicken of the Sea tuna that alleges the company failed to warn consumers about the product’s mercury concentrations, allowing a circuit court's revival of the putative class action to stand.

On Monday, the U.S. Supreme Court denied a petition for a writ certiorari filed by defendant Tri-Union Seafoods LLC, seeking to overturn an August ruling by the U.S. Court of Appeals for the Third Circuit reinstating Deborah Fellner’s case.

Fellner, who...
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