LR Firm Attempts To Lead Lawsuit

A Little Rock law firm is angling to be part of the leadership team in the potential class action lawsuit against Canadian pet food manufacturer Menu Foods Inc.
A federal multi-district litigation panel in Las Vegas ruled in June to consolidate the 80 to 100 lawsuits filed nationwide since the first recall notice on March 16.
The Little Rock firm of Patton Roberts McWilliams & Capshaw LLP, represents clients in six states, including Richard and Barbara Widen of Rogers, who filed a lawsuit on March 23.
The Widens’ attorney, Jeremy Hutchinson, said it will likely be early 2008 before the motion to grant class certification is heard before U.S. District Judge Noel Hillman in New Jersey.
In the interim, Hillman will select a leadership team to spearhead the case from gathering of discovery to setting up a claim center for potential plaintiffs.
After unsuccessfully arguing for the Western District of Arkansas as the venue, Hutchinson’s firm is pushing to be on the leadership team.
Wal-Mart Stores Inc. and fellow retailers such as H-E-B Grocery Co. of San Antonio are among the 10 or so defendants in the case. Hutchinson said while Wal-Mart would be “technically liable” for selling the tainted products, most retailers have indemnification agreements with suppliers that relieve them of financial responsibility if someone is hurt by a product.
Wal-Mart spokesperson John Simley said whether the retailer had such an agreement with Menu Foods could not be verified and may be a matter for discovery.
But if the supplier can’t pay — and Menu Foods has already lost nearly $63 million — those penalties could be placed on the retailer.
In a statement last month, Menu Foods said the losses may exceed the company’s insurance coverage.