Beyond the Call of Duty, Ride to Remember, arrived in New Orleans Tuesday. Author: Mike McDaniel / Eyewitness News (WWL) Published: 10:29 PM CDT July 6, 2021 Updated: 10:29 PM CDT July 6, 2021
NEW ORLEANS When a trailer covered in pictures pulled up next to the New Orleans Police Department Tuesday, one picture stood out for Jacquelyn McGee.
“That was my heart. That was my baby,” said McGee as she looked up at a picture of her daughter.
Her daughter, Sharon Williams, a 30-year NOPD veteran, died last July because of complications from COVID-19, which she contracted while on the job. McGee started praying when she found out.
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The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Diamond Foods engaged in unfair practices, created a nuisance, and breached the warranty of merchantability by including partially hydrogenated oils as an ingredient in Pop Secret popcorn.
Plaintiff Jacquelyn McGee alleged Pop Secret contains partially hydrogenated oil, “a food additive banned in many parts of the world because it is the only dietary source of artificial trans fat,” which (according to McGee) “causes cardiovascular heart disease, diabetes, cancer and Alzheimer’s disease.” Plaintiff claimed she was injured by this in three ways: the amount of trans fat she consumed in Pop Secret (1) “caused her economic injury because she believed she was purchasing a safe product when she was not”; (2) “caused her physical injury by harming her heart and blood vessels”; and (3) substantially increased her “risk o
Tuesday, March 2, 2021
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Diamond Foods engaged in unfair practices, created a nuisance, and breached the warranty of merchantability by including partially hydrogenated oils as an ingredient in Pop Secret popcorn.
Plaintiff Jacquelyn McGee alleged Pop Secret contains partially hydrogenated oil, “a food additive banned in many parts of the world because it is the only dietary source of artificial trans fat,” which (according to McGee) “causes cardiovascular heart disease, diabetes, cancer and Alzheimer’s disease.” Plaintiff claimed she was injured by this in three ways: the amount of trans fat she consumed in Pop Secret (1) “caused her economic injury because she believed she was purchasing a safe product when she was not”; (2) “caused her physical injury by harming her heart and blood vessels”; and (3) substantially increased her “risk of heart disease, diabetes,
Panel: Judges Tashima, Wardlaw, and Pratt (S.D. Iowa), with Judge Tashima writing the opinion.
Key highlight: “We agree with McGee that these injuries, e.g., damage to one’s vital organs and permanent degradation of one’s cognitive abilities, would be sufficient to satisfy Article III standing for her non-UCL claims. We are not persuaded, however, that McGee has plausibly alleged that she suffered these injuries.”
Background: The plaintiff, Jacquelyn McGee, had bought and eaten Pop Secret brand popcorn. She then advanced a number of state-law claims against Pop Secret’s manufacturer, Diamond Foods, alleging that Pop Secret contained partially hydrogenated oil, or trans fat. The district court dismissed her complaint for failure allege Article III injury in fact.