TALBOT UNDERWRITING LIMITED v. NUTRA FOOD INGREDIENTS, LLC
2:24-cv-00258
W.D. Pa.Mar 11, 2025Background
- Bakery Barn, LLC, a protein bar manufacturer, received contaminated collagen from its supplier, Nutra Food Ingredients, LLC, causing plastic and other foreign objects in its products.
- The contaminated collagen came from a new supplier, blended by Total Food Packaging, LLC, to match prior product texture.
- Talbot Underwriting Limited, as subrogee of Bakery Barn, sued Nutra Food for contract and tort claims and Total Food for negligence.
- Nutra Food filed crossclaims against Total Food for contribution/indemnification, and third-party complaints against AusVita Nutrition, Inc. and Collagensei Inc./Gensei Global Industries, as upstream collagen suppliers.
- Defendants and third-party defendants filed motions to dismiss addressing attorney fees, Rule 19 indispensable party, the economic loss doctrine, personal jurisdiction, and pleading sufficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Attorney’s fees on negligence claim | Relief request not premature; motion improper | Fees not available absent statute, contract, exception | Dismissed claim for attorney’s fees |
| Failure to join indispensable party under Rule 19 | All necessary parties joined | Upstream supplier (Collagensei/Gensei) is necessary | Joinder not required; motion denied |
| Economic loss doctrine bar to tort claims | Talbot alleged damages to other property | Claims barred because damages are purely economic | Doctrine does not bar claim; motion denied |
| Failure to state claim/personal jurisdiction (3rd party) | Sufficient pleading/name covers real entity | No such entity; must plead against correct entity | Complaint dismissed with leave to amend |
Key Cases Cited
- Trizechahn Gateway LLC v. Titus, 976 A.2d 474 (Pa. 2009) (attorneys’ fees not recoverable without statute or express agreement)
- Temple v. Synthes Corp., 498 U.S. 5 (1990) (Rule 19 does not require joinder of all joint tortfeasors)
- 2-J Corp. v. Tice, 126 F.3d 539 (3d Cir. 1997) (economic loss doctrine bars tort claims where damages are only economic)
- REM Coal Co. v. Clark Equip. Co., 563 A.2d 128 (Pa. Super. Ct. 1989) (doctrine does not bar claims when damages are to property beyond product itself)