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Blog Posts in January, 2023

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  • What Happens to Judgment Enforcement upon Death?
    What Happens to Judgment Enforcement upon Death?

    Statutes relating to the enforcement of money judgments require careful reading and analysis. The below fairly summarizes CPLR § 5208 [Enforcement after death of judgment debtor; leave of court; ...

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  • Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?
    Does Federal Law "Preempt" (Block) State Lawsuits for Mislabeling?

    The below list explores the show-down between state law and federal law in the areas of food, beverages, animal products, medication, medical devices, dietary supplements, cigarettes, and more. First, ...

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  • "Humanely Raised" Label Deceptively Connected to USDA, argues Class Action
    "Humanely Raised" Label Deceptively Connected to USDA, argues Class Action

    Does "Humanely Raised" placed near "USDA Process Certified" imply that the USDA certified "Humanely Raised"? Yes, plausibly so, held a federal judge in New Jersey in the class action, Hemy v. Perdue ...

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  • Pig Producer, Smithfield Foods, Loses Initial Battles in False-Advertising Lawsuits
    Pig Producer, Smithfield Foods, Loses Initial Battles in False-Advertising Lawsuits

    Two recent lawsuits against Smithfield Foods are not going its way in the District of Columbia. Both lawsuits allege false advertising by Smithfield. One case asserts that Smithfield Foods misled ...

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