A national retailer and its suppliers were sued in New York Federal Court over whether one of its products was fraudulently labeled. The case was originally defended by a large Los Angeles law firm that ran up huge bills and accomplished nothing. The Food Lawyers were brought in to assist. We noticed that some of the things plaintiff alleged in its complaint could be turned against the plaintiff. We made a motion to dismiss the case using plaintiff’s own language against it. The motion was granted without leave to amend. Plaintiff appealed, but lost the appeal. Plaintiff, who had rejected a $250,000 settlement offer, ended up with nothing. Our client was awarded its court costs.
