Ruling by
Laurence D. RubinLower Court
Los Angeles County Superior CourtLower Court Judge
John Shepard Wiley Jr.Plaintiff's causes of action challenged defendant's federally-approved labels and effectively sought to impose additional labeling requirements; thus, those claims were preempted.
Court
California Courts of Appeal 2DCA/5Cite as
2021 DJDAR 2362Published
Mar. 17, 2021Filing Date
Mar. 15, 2021Opinion Type
ModificationDisposition Type
AffirmedCAROL LEINING,
Plaintiff and Appellant,
v.
FOSTER POULTRY FARMS, INC. et al.,
Defendants and Respondents.
B291600
(Los Angeles County Super. Ct. No. BC588004)
California Courts of Appeal
Second Appellate District
Division Five
Filed March 15, 2021
ORDER MODIFYING OPINION
[There is no change in judgment]
BY THE COURT:
It is ordered that the opinion filed herein on February 23, 2021, is modified as follows:
1. On page 1, delete counsel listings for Defendants and Respondents and replace with:
Duane Morris, Michelle Pardo, Rebecca Bazan and Paul J. Killion for Defendant and Respondent American Humane Association.
Mayer Brown, Dale J. Giali, Elizabeth Crepps and Donald M. Falk for Defendant and Respondent Foster Poultry Farms, Inc.
2. On page 16, last paragraph, first sentence that reads "Against this overwhelming weight of authority, Leining offers no authority that a labeling claim is was not preempted under the PPIA" should be deleted and replaced with:
Against this overwhelming weight of authority, Leining offers no authority that a labeling claim is not preempted under the PPIA.
There is no change in judgment.
RUBIN, P. J.
BAKER, J.
KIM, J.
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