Over 150 combined years of litigation experience

Sesame Seeds & One Million Dollar Peanuts

On Behalf of | Aug 31, 2022 | Cases, Product Liability

We represented the Plaintiff in a business dispute resulting in a case filed in Suffolk Superior Court and tried to a successful conclusion.

Our client, Newly Weds Foods, Inc. (NWF), an international company specializing in the manufacture of breadings, spices and rubs, brought this civil action against a raw materials supplier, Superior Nut Company (SNC). SNC provided NWF with approximately 12,000 pounds of toasted sesame seeds over the course of several shipments which were discovered to have been contaminated with peanuts, a known common allergen.

This action was based upon breach of contract, breach of warranty of merchantability and the consumer protection statute, G.L. c. 93A §11 (business to business transactions).

After a 3 week trial the jury found for our client NWF on the breach of contract and breach of warranty claims. The jury also issued an advisory finding on the G.L. c. 93A § 11 claim and found SNC had not only engaged in unfair and deceptive practices, but also that they had done so knowingly and willingly.

These findings were adopted by the trial judge. The judge also awarded our client its full attorneys’ fees in prosecuting the action and all costs incurred.

The total amounts recovered for our client were $217,556.00 on the breach of contract and warranty claims, double damages of an additional $217,556.00 pursuant to G.L. c. 93A together with award of $217,393.28 in attorneys’ fees and costs for a total award of $652,505.28.

The case was appealed by the Defendant and the Massachusetts Court of Appeals upheld the verdict. The final award to the Plaintiff including interest and costs was in excess of $1,000,000.00.