« Indiana Decisions - One 7th Circuit Case Today | Main | Indiana Decisions - No new postings today »
Thursday, July 01, 2004
Indiana Decisions - Rose Acre Farms Loses Appeal in the Fed. Circuit
"Court Tosses $6.1M Judgment for Egg Farm" is the headline to this AP story today that begins:
WASHINGTON (AP) -- A federal appeals court on Wednesday threw out a $6.2 million judgment for an egg producer in a 14-year dispute with the Agriculture Department.The 37-page decision is only available as a Word document from the Court, but I have converted it to PDF and posted it - access it here.The court said it was not convinced that food safety regulations unduly hurt the bottom line at Rose Acre Farms of Seymour, Ind.
A claims court had said government restrictions on the sale of contaminated eggs were not narrow enough and thus amounted to an unconstitutional "taking" of private property under the Fifth Amendment.
The U.S. Court of Appeals for the Federal Circuit disagreed and ordered the lower court to re-examine whether the damage suffered by Rose Acre outweighed the Agriculture Department's interest in safeguarding the public. * * *
Regulators refused to allow Rose Acre to sell eggs in the shell from the three farms and required expensive wet-cleaning of hen houses that damaged the structures' electrical wiring. Rose Acre said it was forced to sell at a loss 700 million eggs that were diverted into low-priced markets for eggs.
[Thanks to How Appealing for the AP link.]
Posted by Marcia Oddi on July 1, 2004 01:31 PM
Posted to Indiana Decisions