Fairbank Reconstruction v. Greater Omaha Packing
701 F.3d 1
1st Cir.2012Background
- GOPAC supplied combo beef to Fairbank, which processed it into ground beef sold in Maine.
- Fall 2009 E. coli outbreak sickened 32 people; Fairbank's Ashville facility recalled about 500,000 pounds.
- Long and Smith purchased Fairbank ground beef in Shaw's supermarkets and sued Fairbank in Maine federal court for damages.
- Fairbank asserted third-party indemnity claims against GOPAC, alleging GOPAC supplied tainted meat.
- After settlements with Long and Smith, only Fairbank vs. GOPAC remained; a jury found GOPAC delivered adulterated beef.
- Trial record included traceback testimony and circumstantial evidence linking GOPAC meat to the outbreak; district court denied post-trial motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to prove GOPAC supplied tainted meat? | Long & Smith contend strong traceback and circumstantial evidence supports GOPAC as source. | GOPAC argues the evidence is insufficient and challenges the traceback validity. | Yes; substantial evidence supported GOPAC as the source. |
| Was the Zirnstein video deposition properly admitted? | Fairbank's admissions justify admissibility; video provided useful non-impeaching testimony. | GOPAC argued improper foundation; trial error under plain error standard. | No plain error; district court did not err in admitting the video. |
Key Cases Cited
- Cortés-Reyes v. Salas- Quintana, 608 F.3d 41 (1st Cir. 2010) (de novo review of denial of judgment as a matter of law)
- Acevedo-Diaz v. Aponte, 1 F.3d 62 (1st Cir. 1993) (standard for appellate reversal on jury verdicts)
- Attrezzi, LLC v. Maytag Corp., 436 F.3d 32 (1st Cir. 2006) (credibility and weight of evidence are jury concerns)
- Microfinancial, Inc. v. Premier Holidays Int'l, Inc., 385 F.3d 72 (1st Cir. 2004) (plain error standard after lack of objection at trial)
- United States v. Borrero-Acevedo, 533 F.3d 11 (1st Cir. 2008) (plain-error review framework)
