Legal Opinion

Perfectly Fresh Farms, Inc. v. United States Department of Agriculture

Court of Appeals for the Ninth Circuit

Decided August 28, 2012No. 09-72434, 09-72535PublishedCited by 4 opinions

1Opinion of the Court

OPINION

BERZON, Circuit Judge:

In 2001, two entrepreneurs founded Perfectly Fresh Marketing, Inc., a wholesale produce company, and soon thereafter founded three subsidiary companies to handle different aspects of the business. Although things started out well, before long the firms found themselves in financial straits, and declared bankruptcy before the legal proceedings that are the subject of this appeal began.

Those proceedings involve a complex, rarely litigated federal statute, the Perishable Agricultural Commodities Act (“PACA” or “the Act”), 7 U.S.C. § 499a et seq., designed in part to…

2Cases cited17 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
  4. Immigration & Naturalization Service v. Aguirre-AguirreSupreme Court of the United States · 1999
  5. Marmolejo-Campos v. HolderCourt of Appeals for the Ninth Circuit · 2009

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3Cited by4 opinions

  1. Knapp v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 2015
  2. Produce Pay, Inc. v. Izguerra Produce, Inc.Court of Appeals for the Ninth Circuit · 2022
  3. L&M Companies, Inc. v. Unique Food Company, Inc.District Court, E.D. North Carolina · 2020
  4. Wayne Bailey, Inc.United States Bankruptcy Court, E.D. North Carolina · 2019

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