Fresh & Easy Neighborhood Market, Inc. Files for Chapter 11 Bankruptcy Protection

On September 30, 2013, Fresh & Easy Neighborhood Market, Inc. filed for chapter 11 bankruptcy protection in the District of Delaware and was assigned case number 13-12569.  The Debtor’s voluntary petition estimates: (i) between 10,000 and 25,000 creditors; (ii) holding assets valued b…

Jason Klinowski to Speak at the Upcoming Food Regulatory Compliance Summit in Chicago

On October 4, 2013, Jason Klinowski will join Daniel Shaw – Vice President, Deputy General Counsel at H.J. Heinz Company – to address food recalls and to discuss practical tips and best practices for preventing common pitfalls and minimizing downstream litigation exposure.  Please…

An “Open Price” Sale or “Price After Sale” is Still a Sale Requiring Prompt Payment Within 10 Days of Delivery

Neither the UCC nor the PACA recognize the term “Price After Sale.”  The term is a subcategory of “Open Price.”  A.P.S. Marketing, Inc. v. R.S. Hanline & Co., Inc., 59 Agric.154 Dec. 407 (2000), Sucasa Produce v. A.P.S. Marketing, Inc., 59 Agric. Dec. 421 (2000), and Well Pict,…

PACA Trust Litigation Alert!

PACA Trust Litigation Alert
On September 6, 2013, a civil action was filed in California against J.D. Produce, Inc. in an effort to collect approximately $54,000.00 in alleged PACA trust debt.
On September 9, 2013, a civil action was filed in New York against New A & N Food Market,…