Pet Food Class Action Lawsuit Against Menu Foods Could Go To Federal Court

A class action lawsuit in Fayette County, Pennsylvania over the pet food recalls may be transferred to federal court.

A Menu Foods attorney filed paperwork this week to enter the case in U.S. District Court in Pittsburgh, although James T. Davis, the attorney representing the pet owners, said he anticipates the case eventually will be taken up in another federal jurisdiction.

In the suit, three Fayette County residents allege that Menu Foods distributed tainted pet food which killed or sickened three dogs and a cat.

Donald and Delores Stimmel’s two dogs, Cosmo and Bino, died from eating Menu Foods wet food. Ruth Beal’s dog, Speedy, and Lori Wilson’s cat, Faith, both became ill and suffered kidney failure after eating recalled pet food.

As many as 62 other potential people may join in the class-action lawsuit. The suit asks for a multimillion-dollar award.

The suit alleged that Menu Foods “fraudulently represented that the cat and dog food offered for sale and purchased by the plaintiffs and others similarly situated for their pets was not tainted and fit for their consumption.”

Davis claimed that Menu Foods never alerted people about the tainted pet food. He said that Menu Foods knew, but they did not tell his clients and others about the contaminated food.

One of the counts in the suit is intentional infliction of emotional distress.

Davis also stated that all of his clients have suffered from numerous mental side effects including: “mental anguish, nervous shock, embarrassment, shame and humiliation, and may be required to undergo extensive medical treatment in order to overcome the emotional distress which they have suffered.”

Source: Herald-Standard, Tribune-Review

(Thanks menusux)

15 Responses to “Pet Food Class Action Lawsuit Against Menu Foods Could Go To Federal Court”

  1. Jenny Bark says:

    Good, good, good, these are my neighbors. I know some of them that are joining the suite. Their is a comment section on the article in the paper above if you want to wish them well. Keep it clean or your post won’t make it. I’m so proud of them, Fayette is not a rich county but a whole lot of good people live there. They are not only taking a stand but are taking action & that gets my support. I have & will continue to pray for them.

  2. thomas says:

    I wish them good luck and hope they win this suit.

  3. Carol says:

    I don’t think for a minute that Menu Foods set out to intentionally poison thousands of pets but what they did do is not alert the public to a potential risk of “something not right with their food”. During the 3 week time frame when they have admitted to be “aware of a problem and did more testing”, I continued with forced feedings of my cat who became ill with ARF on Feb 12th. My vet had said that it was important the she begin to eat as this is a bad thing for a cat not to eat. I even poured human grade tuna juice over the same cat food that was eventually the culprit to make my cat try to eat and it was this that I blame my second cat to become so much worse 3 weeks later as she ate more than her normal. Never did I think that I was feeding the poison ingredients and even spiking it so they would eat. My second cat has taken now 6 months to recover enough to sit on her cat perch on the window. I know there are so many others that lost pets during this time frame and that is why I think that Menu Foods is to blame. They are not a vicitm as they say they are—-the victims have 4 legs!

  4. Lynne says:

    I wish them a lot of luck in their class action suit. My family is part of the asbestos class action lawsuits and are still awaiting a settlement for the death of my father in law over ten years ago. The current administration and its picks for federal judges don’t favor the pet owners.

  5. pat says:

    Carol, I think one of the more insidious things about this mass poisoning is the people who force-fed their cats thinking that they were helping them, little knowing that the food was the problem to begin with. Every time I read a story like yours my blood boils.

  6. Carol says:

    Pat, to say I felt guilty is an understatement. I know now that it wasn’t my fault–it was MF’s fault! My blood boils now too but it has taken this long as there were too many tears and fears til now!!! It’s hard to imagine how many more pets and their parents went through this too–we only know about each other here at Itchmo but I bet there are thousands who haven’t found this site and the Forum site yet. I still hope some good can come out of this horrible disaster. I just don’t know what yet.

  7. Anonymous says:

    Hopefully the suffering caused by petfoodindustry negligence and fraud will produce a lot of smarter and permanently suspicious pet parents. Too late to bring back the dead or undo the damage done by corporations. We have all learned a lot and we will not allow the suffering of our pets to stand unmarked but will continue to educate ourselves and other pet parents to the dangers of the petfood/pethealth industry and to protect innocent animals from their abuse. This is our pledge to the animals that suffered. We will not forget, we will not be fooled and we will not quit.

  8. Anonymous says:

    Isn’t that right, E. Hamilton?

  9. Stefani says:

    I agree with Carol, and others here. They should have yanked the food off the shelves as soon as they suspected a problem — not conducted extensive testing to confirm that the food was killing animals, and then recall it afterward. This is negligence and fraud.

    I don’t know what the bar is for “intentional infliction of emotional distress” — not sure if this really meets that. But it is certainly negligence and fraud.

    The question I have is WHY does Menu want it transferred to Federal Court? They must have reason to believe that they have a better chance there, or they wouldn’t ask. It seems to me that they don’t want the case to be tried locally where people have a sense of community solidarity with the plaintiffs. Surely Menu doesn’t want the case to be tried in their own community and that is why they are doiing this. They want to yank it up to the Federal level where it will be influenced by knowledge of hte Pet Food Industry’s lobbying power.

    It’s all about screwing the little guy and his/her pets to put money in the pockets of the amoral leeches who profit from our love of our animals, but don’t share in that love.

    The Toonces Project
    “Is Your Pet Safe at the Vet?”

  10. Lynn says:

    I wish them all the very best. If in fact these federal judges in their area haven’t been sympathetic towards animals in the past, perhaps now they will be. Think positive!

  11. Jenny Bark says:

    I look at this lawsuit, other lawsuits & people testing their food all the same way, POSITIVE. They are keeping our pets & pet parents in the news & costing & keeping the pfi busy. I know a couple of these people & just like all of us menu & pfi broke their hearts & tried to distroy them by killing & or sickening their pets. They are good Pa. people & they will be tuff enough to hang in there if it takes 1 or 30 years. If they win or not Menue will know who they are and what pain they have & I pray every once in a while the media will pick this & all the others up for years to come.

    I know for sure 1 reads Itchmo, proberly all do, but I don’t think you will see them posting & some of you can gues why.

  12. E. Hamilton says:

    There is really GOOD news.

    I had to lock the thread because, well, read for yourself.

    If you want your story told AND you have joined a class action suit, ANY class action lawsuit involving the pet food recall, then you have a chance to do that. Go READ the thread in the link and decide.

    There are other things in the works too but if I get much more bullpooky about this one, guess what?, I aint gonna come here and wade through the crap to offer the next stuff.
    Either I get a little more cooperation and a whole lot less grief or I will take the next offers elsewhere.

    Is that what you want? Ask yourself whether you want the stories told , in this film and the book that is being written and other things that are going on or do you want to be part of STOPPING that from getting done? Then look at how people post or comment and make your choice as to whether they are HELPING get things done or are they trying to STOP things from getting done.

    I have a deadline on how much time I can spend on this and will not put up with having my time wasted so this is as polite as it gets for now.

    Now, if you know someone or ARE someone who is part of a class action suit and they want their story told or you do then contact me by PM and we will see if I can put you on the list to be interviewed.
    One more time, I am on a tight deadline.

    If posters here do a bunch of nonsense then YOU hammer on them, I do not have time, don’t expect me to do it, YOU help or you hinder. Your choice.

    Spread the word if you think you know where to find people who need to tell their stories but do it quick, I can only spend so much time on this one thing.

    There are other things in the works, who gets asked to participate in those depends on what help I get now. Clear?

  13. Jenny Bark says:

    E., Just read you post. Great. I will start getting in touch with the ones I know right away, like now. I don’t know what they can or can not do but i’m sure they do. I know some read Itchmo. I don’t know what this pm is and I looked at your name & your e-mail is hidden. If I find someone who can be in this I’ll post here unless I find out what this pm is. I hope they are already getting to you. Jenny

  14. E. Hamilton says:

    PM is private message you can use that in the forum to send me a private message. I would like to have a good SPREAD so to speak of people to give in the list to the film company.
    I already have quite a few and am trying to be fair by posting the offer here.

    I really did not want all the debate and crap and there are OTHER things going on too but folks, we have to be real, sometimes it is like swimming upstream to get things done around here and a lot of people , like film companies and reporters and you know, the MEDIA we are all trying to reach are not going to wade through sewage to get this story. They just won’t.

    So we need to make the people who are getting the job done have an easier time. Me included, I am telling you flat out that I expect some MORE help and a lot less lip.

    And if anyone can get in touch with MrsP, the great lady who did the radio shows, I need to talk to her! She got sick of wading through sewage to get the job done and I know the feeling but I need to talk to her. Things are popping and everybody better get ready and that means helping to run the trolls off and LOOKING real close at some of the posters who “somehow” get things offtrack. Look at them and say to yourself are they helping or are they making it harder? We have some PFI plants in here and I want em gone, failing that, I want them a lot less effective.

    We all have work to do. To get it done we need to work smarter, harder and tougher than anything the PFI throws at us. Which should not be all that hard because those bozos hired Duane and how smart was that?

  15. Stefani says:

    E., my pets were not affected by the recall, but please let me know what I can do. I don’t have a lot of media contacts except a freelancer. You can email me through my website.


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