Costco Can't Escape Hepatitis Frozen Berry Suit

Law360, New York (January 17, 2017, 11:05 PM EST) -- A California federal judge on Tuesday refused to quickly end a class action over a frozen berry mix sold by Costco that was supposedly contaminated with hepatitis A, nixing claims alleging emotional distress caused by fear of contracting the disease but allowing the rest to proceed.

U.S. District Judge David O. Carter partially granted a summary judgment bid by Costco Wholesale Corp., fruit grower and distributor Townsend Farms Inc. and supplier Fallon Trading Co. Inc., saying the consumers have waffled regarding whether they're asserting a fear of disease claim and "have in numerous instances conceded they cannot show exposure to hepatitis...

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