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  • Ricardo Carvajal

    • Supreme Court Declines to Hear Tuna Warning Preemption CaseApril 21st, 2009

      By Ricardo Carvajal & John R. Fleder – On April 20, 2009, the U.S. Supreme Court let stand the Third Circuit’s decision in Fellner v. Tri-Union Seafoods.  As we discussed in a prior posting, Fellner’s lawsuit contends that Tri-Union is guilty of negligence under New Jersey …

    • DOJ Guidance Addresses the Obama Administration’s Openness Policy With Respect to the Freedom of Information ActApril 21st, 2009

      By Ricardo Carvajal & John R. Fleder – On April 17, 2009, DOJ’s Office of Information Policy (“OIP”) issued guidance to federal agencies on President Obama’s FOIA Memorandum of January 21st and Attorney General (“AG”) Holder’s subsequent FOIA March 19th guidelines.  The President’s FOIA memorandum directed …

    • Guilty Pleas Announced in Adulterated Tomato Products CaseFebruary 26th, 2009

      By John R. Fleder, Douglas B. Farquhar & Ricardo Carvajal – The U.S. Attorney for the Eastern District of California  (Sacramento) has announced guilty pleas by two individuals for fraudulent activities in connection with their distribution of tomato products.  Allegedly at the direction of her superiors …

    • FDA Can’t Always Get What it Wants In Seafood HACCP CaseFebruary 26th, 2009

      By John R. Fleder, Douglas B. Farquhar & Ricardo Carvajal – FDA has obtained summary judgment and an order of permanent injunction against a Minnesota seafood supplier that was found to have had an inadequate HACCP plan for more than three years, in violation of FDC …

    • The Solicitor General and the FDA Argue Against Preemption in Farmed Salmon CasesDecember 17th, 2008

      By Ricardo Carvajal & John R. Fleder – At the invitation of the U.S. Supreme Court, the federal government has recently filed a brief as amicus curiae in the case of Albertson’s, Inc. v. Kanter (No. 07-1327) in which the government argues against preemption of California …