United States DC Circuit
Mills v. Giant of Md., LLC, 06-7148
In a class-action suit by a group of lactose-intolerant individuals against nine sellers of milk, alleging plaintiffs consumed milk before they were aware of their lactose intolerance and, as a result, suffered temporary gas and stomach discomfort, dismissal of suit is affirmed as tort law does not provide protection from the obvious or "widely known" risks of consuming a particular food. The risk that some people will get gas after consuming certain foods, such as milk, is widely known.
Appellate Information
- Decided 11/16/2007
- Published 11/16/2007
Judges
- Before: GARLAND and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Daniel Kinburn argued the cause for appellants. With him on the briefs were Bernard J. DiMuro and John M. Tran.
- For Appellees:
- Steven J. Rosenbaum argued the cause and filed the brief for appellees., Geoffrey S. Gavett filed a notice adopting the brief of appellees on behalf of Cloverland Farms Dairy, Inc.