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Author Topic: Pet food recall anniversary program on web radio from Canada  (Read 2169 times)
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lesliek
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« Reply #60 on: April 29, 2008, 07:28:32 PM »

Well I spoke to my uncle today & another lawyer. We need to write to lawyers for the plaintiffs,they are the only ones who can ask for an injunction to keep Menu from destroying evidence. Anyone in a lawsuit of any kind, or who had a problem with a food made by Menu can write. I'm having trouble finding all the lawyers. This site lists some,but we will have to look up contact info on our own. The only 1 I could find a name & location for is Michael Ferrara,Cherry Hill NJ. Here's the site,you have to scroll all the way down to find the lawyers[none of the ones after 9/2007 list them] http://dockets.justia.com/search?q=Menu+FOODS%2C+INC..Even if we all write to 1 it could make a difference,remember not much time left.
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Don Earl
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« Reply #61 on: April 30, 2008, 12:01:46 AM »

Leslie,

The lawyers for the plaintiffs are the ones that gave the okay to destroy the evidence in the first place. I don't think they're going to be much help.

These are the two related briefs I filed in the Washington State Court of Appeals:

http://www.petfoodrecallfacts.com/evidencemotion.doc

http://www.petfoodrecallfacts.com/evidencemotionreply.doc

These are the texts of the objections I filed in the Federal District Court:

http://www.petfoodrecallfacts.com/objection.doc

http://www.petfoodrecallfacts.com/response2.doc

If you like, feel free to pass the links along to your Uncle. I think the issues might be more clear if he could skim through the documents to get a quick feel for the situation.

In 25 words or less, my take is the order entered in the class action was not a legal order, as the judge doesn't have jurisdiction over the disposition of evidence related to cases not under his authority.
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lesliek
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« Reply #62 on: April 30, 2008, 06:10:27 AM »

Don, I will have him look at it, but he said the judge is under no obligation to even read letters not from someone involved in the case. It would probably be up to what his clerks decided to do with them.
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Don Earl
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« Reply #63 on: April 30, 2008, 12:32:00 PM »

Don, I will have him look at it, but he said the judge is under no obligation to even read letters not from someone involved in the case. It would probably be up to what his clerks decided to do with them.

I may be mistaken, but it was my understanding anyone affected by the recalled pet food is considered a class member and has a right to participate in the process. Although, maybe the situation is that once lead counsel has been appointed, everything has to go through them to keep the paperwork down.

According to theory, attorneys are required to do what their clients tell them to do. I'd be real curious to know if any pet owners were consulted, or even informed, that this deal was taking place.

Anyhow, thank you and your Uncle for taking the time to look into it. The thing about this whole situation I still find hardest to understand is why virtually none of the attorneys involved have shown any inclination to obtain and test samples in support of the case. As close as I can tell, millions of dollars have been spent on litigation, but not a penny has been spent on finding out why the pet food was deadly in the first place.

IMO, if there's a fatal flaw in the whole class action approach, it's that settlements are being negotiated before anyone knows what the case is even about. Thinking about it, I can't remember an instance where a class action suit went to trial. It seems to me there must have be at least a few, and I admit I normally don't follow such things very closely, but I can't recall a single news item of a consumer class action being decided by a jury trial in the past 3 decades.
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3catkidneyfailure
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« Reply #64 on: April 30, 2008, 07:27:38 PM »

If the class actions about to settle are for compensatory damages, it looks like your only other option is to opt-out.

http://itchmoforums.com/news-recall-related/petfood-lawsuits-are-near-settlement-say-attorneysnew-theory-t3881.30.html
Know your rights in a class action settlement:

Some very informative links here:
http://classactionlitigation.com/faq.html

Can I be bound by a settlement or judgment of a class action?
Yes. If the constitutional and procedural protections required for fairness are met in the underlying action, all absent class members are bound to the judgment or settlement of the case. However, if the action is primarily for compensatory damages, absent class members are entitled to notice and an opportunity to "opt-out" (exclude themselves) from the proceedings. If a person opts-out, he is not bound by any judgment or settlement of the class action. In the event a class action is for declaratory or injunctive relief, notice is not required to bind absent class members and the court may not allow your to opt-out.

Some general comments about class actions here:
http://en.wikipedia.org/wiki/Class_action#Federal_class_actions

[edit] Federal class actions
In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. ยง 1332 (d).

 
« Last Edit: April 30, 2008, 07:29:39 PM by 3catkidneyfailure » Logged
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