Friday, November 16, 2007
Master Complaint filed with Federal Court:
[Andrew and Zany Dunlap have returned safely from their month-long trip to
Vietnam. In turn, Mr. Orlando's heart rate has started to return to
normal.]
Frankly, there is not a great deal new to report since the previous update.
This is not to say that a lot of concentrated work has not been ongoing
since the previous report, rather, the labor has been in the nature of (1.)
continuing to prepare your individual cases for the possibility of
settlement, and (2.) continuing to prepare the class action portion of your
case toward trial. For instance, a nationwide effort recently concluded in
the filing of a Master Complaint with the Federal Court here in Atlanta
which includes, of the several class representatives named on behalf of
everyone nationwide, three of The Orlando Firm's clients - folks of high
integrity and serious injury directly related to the purchase and
consumption of Peter Pan peanut butter.
We have grown disappointed overall with ConAgra's approach to the potential
for the settlement of our clients' overall grouping of claims/cases.
ConAgra showed initial good faith and, in fact, took steps to verify its
good faith toward the goal of a speedy and fair resolution for those
individuals injured by its negligence and product. However, as of late,
ConAgra has appeared to grow complacent toward restoring its formerly strong
Peter Pan brand name in relation to its loyal customers (who now better are
known as your fellow clients/injured parties in this case.) Perhaps at
corporate headquarters in Omaha, handing out coupons for free peanut butter
to re-introduce Peter Pan to the marketplace is thought to be the band-aid
ConAgra needed. We are steadfast in our belief that a band-aid is not a
cure for food poisoning, however.
Despite this thought, we have scheduled to take a single (claimed) wrongful
death case back into mediation in Phoenix during the first week of December.
Perhaps this case, one with a positive finding of salmonella in the
decedent's jar of Peter Pan, will re-focus some introspection into ConAgra's
approach to resolve all cases in a fair manner, and without delay.
If not, as has been pledged before, we are not afraid to place these issues
before a jury of your peers.
Stay tuned for more. Until the next update, please have a very happy
Thanksgiving holiday - - safe, peaceful, full of family and with thoughts
toward our daily gifts and graces.
Roger W. Orlando
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