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Food Safety News

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U.S. Court of Appeals

First of PCA convicted executives begins prison release process

Samuel Lightsey, 52, the former manager of the now defunct Peanut Corporation of America processing plant in Blakely, GA, has moved into a Residential Re-entry Management facility in Atlanta a step toward his release from federal prison scheduled for Oct. 1. Lightsey received the lightest prison sentence among the five eanut Corporation of America (PCA) executives and managers… Continue Reading

Government responds to defense issues in PCA appeal

Prosecution and defense attorneys in the Peanut Corporation of America criminal case have found something they can agree upon. Both sides now say the 11th U.S. Circuit Court of Appeals in Atlanta needs to hear oral arguments before deciding if the District Court made any errors that should result in reversing the verdicts and/or the… Continue Reading

Not a lot standing between egg man Jack DeCoster and jail

The sole question remaining before the 8th Circuit Court of Appeals is whether the federal jail sentences imposed on Austin “Jack” DeCoster and Peter DeCoster are lawful in light of the findings at sentences. In a newly filed response to the DeCosters’ request for a rehearing on their three-month sentences, government attorneys say the sentences… Continue Reading

Government gets extra time to respond on DeCosters’ rehearing

The 8th U.S. Circuit Court of Appeals wants the government to have sufficient time to respond before it decides whether to grant a rehearing on the jail sentences for 82-year-old Austin “Jack” DeCoster and his 53-year-old son Peter DeCoster, the egg men implicated in a nationwide Salmonella outbreak in 2010. Once the U.S. Department of Justice’s… Continue Reading

Halal appeals get meaty; federal court jurisdiction challenged

When it went through the trial court, the case just seemed like a switch-a-roo scheme that got busted. But now, a consolidated appeal with oral arguments planned is sparking  broader interest because it’s become a question about the jurisdiction of federal courts. The U.S. Court of Appeals for the Eighth Circuit has allowed the federal government… Continue Reading

More Poultry Producers Expected to Switch to New Inspection System in 2016

Enlistments in the  U.S. Department of Agriculture’s New Poultry Inspection System (NPIS) will likely increase in the new year after the Court of Appeals for the D.C. Circuit on Dec. 21 tossed a legal challenge to the program. The optional NPIS offers the biggest change in poultry inspection since the Eisenhower Administration. USDA’s Food Safety… Continue Reading

Written Arguments Submitted in DeCoster Appeal of Jail Time

The U.S. Court of Appeals for the Eighth Circuit in St. Louis has received the final reply brief filed on behalf of Austin (Jack) DeCoster and his son, Peter DeCoster, by their legal team led by Peter D. Keisler. Keisler and his colleagues from the prominent Washington, D.C., law firm of Sidley Austin LLP, are… Continue Reading

Appeals Court: CA’s Proposition 2 Passes Constitutional Muster

Another federal court decision has upheld California’s Proposition 2, which passed overwhelming in 2008 and has dramatically raised raw shell egg prices in the Golden State since this past Jan. 1 when it became effective. This time is was a three-judge panel of the 9th Circuit U.S. Court of Appeals based in San Francisco that… Continue Reading