Mealey's Antitrust/Unfair Competition - UCL, Negligence Claims For Grocer's Lack Of Recall Notice Survive Summary Judgment

Mealey's Antitrust/Unfair Competition - UCL, Negligence Claims For Grocer's Lack Of Recall Notice Survive Summary Judgment

SAN FRANCISCO - A federal judge on April 7 denied Safeway Inc.'s bid for summary judgment on consumer class action claims that the grocer was negligent and violated California's unfair competition law (UCL) by failing to notify "Club Card" members of product recalls, finding that the state negligence law imposes a general duty of care on Safeway and that the grocer provided no basis to grant it an exception to that duty (Dee Hensley-MacLean and Jennifer Rosen v. Safeway, Inc., No. 11-01230, N.D. Calif.; 2014 U.S. Dist. LEXIS 48591).

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