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Fairbank Reconstruction v. Greater Omaha Packing
701 F.3d 1
1st Cir.
2012
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Background

  • 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)
Read the full case

Case Details

Case Name: Fairbank Reconstruction v. Greater Omaha Packing
Court Name: Court of Appeals for the First Circuit
Date Published: Nov 21, 2012
Citation: 701 F.3d 1
Docket Number: 12-1412
Court Abbreviation: 1st Cir.