Judge Rules “A Defect Exists” in Milo’s Kitchen Chicken Jerky Treats In September 2012, Del Monte and Milo’s Kitchen filed to dismiss Mazur’s complaint. U.S. Magistrate Judge Maureen Kelly wrote that Mazur’s claims: “…appear sufficient to permit the inference that a defect exists in Milo’s chicken jerky treats and that the defect is the most likely explanation for the illness suffered by plaintiff’s dog by eliminating other reasonable causes.” Kelly recommended that only the “unjust enrichment” portion of the claim be dismissed. She found Mazur’s claims: “…more than sufficient to place defendants on notice of the precise misconduct with which they are charged.” Kelly added that Mazur’s claims “more than adequately set forth losses suffered by plaintiff… that are distinct from the disappointed expectations evolving solely from the purchase of defendants’ products; they clearly articulate property damage in the form of harm to… pets.” On June 25 of this year, U.S. District Judge Cathy Bissoon adopted Judge Kelly’s recommendations.
Posted on: Wed, 02 Oct 2013 07:18:39 +0000
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