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Modification: Leining v. Foster Poultry Farms

Ruling by

Laurence D. Rubin

Lower Court

Los Angeles County Superior Court

Lower 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/5

Cite as

2021 DJDAR 2362

Published

Mar. 17, 2021

Filing Date

Mar. 15, 2021

Opinion Type

Modification

Disposition Type

Affirmed


CAROL 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.

#277000

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