PACA Trust Litigation Alert
On October 8, 2013, a civil action was filed in Florida against High Point Marketing of NJ, Inc. to collect approximately $30,000 in alleged PACA trust debt.
On October 10, 2013, a civil action was filed in New York against Isadore A. Rapasadi and Sons, Inc. to c…
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PACA Trust Litigation Alert!
PACA Trust Litigation Alert
On September 24, 2013, a civil action was filed in New York against YCK LLC d/b/a Cross Island Super Foods to collect about $154,000.00 in alleged PACA trust debt.
On September 27, 2013, a civil action was filed in California against Hayes Produce Marketing LP to…
Government Not Required to Prove Intent or Consciousness of Wrongdoing to Convict the Jensen Brothers
As the produce industry follows the fate of Eric and Ryan Jensen many articles and commentary have surfaced in support of the brothers Jensen. However, these articles and commentary all focus around a significant misconception about the government’s burden of proof. Specifically, the gen…
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,…
Another Successful Conference in the Books… Thank You for Joining Us!
I wanted to take a second and thank everyone who joined me and Freeborn’s Food Industry Team at Michael Jordan’s Steakhouse for a cocktail reception after the Midwest Produce Conference & Expo. Those of you who attended know that Freeborn’s event provides a great way for…
Jason Klinowski and Freeborn’s Bankruptcy & Financial Restructuring Group Tapped to Represent the Official Committee of Unsecured Creditors in the Pro’s Ranch Markets Chapter 11 Case
The Official Committee of Unsecured Creditors in the Pro’s Ranch Markets’ bankruptcy case recently retained Freeborn’s Bankruptcy and Financial Restructuring Group to help maximize their recovery in this Chapter 11 case. Specifically, Freeborn possesses…
PACA Trust Litigation Alert
PACA Trust Litigation Alert
On May 31, 2013, a civil action was filed in New York against Robert Guiliano d/b/a Guiliano Brother’s Produce in an effort to collect about $287,100.00 in alleged PACA trust debt.
On June 3, 2013, a civil action was filed in California against Miki’s…
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