Legal Opinion
Dimare Fresh, Inc. v. United States
United States Court of Federal Claims
Decided September 18, 2014No. 1:13-cv-00519PublishedCited by 1 opinion
1Opinion of the Court
OPINION
Bush, Senior Judge.
Currently before the court is defendant’s motion to dismiss the complaint brought under Rule 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC). The motion has been fully briefed, and oral argument was neither requested by the parties nor deemed necessary by the court. For the reasons stated below, defendant’s motion is granted.
BACKGROUND 1
I. Warning the Public Not to Buy Certain Tomatoes
Plaintiffs are “growers, packers, and shippers of tomatoes in Florida and South Georgia.” Compl. at 2. The Food and Drug Administration (FDA) responded to an…
2Cases cited18 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Fisher v. United StatesCourt of Appeals for the Federal Circuit · 2005
- H.F. Allen Orchards, Elbert B. Schinmann, R.E. Redman & Sons, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1984
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3Cited by1 opinion
- Dimare Fresh, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015