SEASIDE FARM, INC. v. U.S.

No. 15-2562.

842 F.3d 853 (2016)

SEASIDE FARM, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 2, 2016.


Attorney(s) appearing for the Case

ARGUED: Daniel A. Speights , SPEIGHTS & RUNYAN, Hampton, South Carolina, for Appellant. Michael Shih , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: A. G. Solomons, III , SPEIGHTS & RUNYAN, Hampton, South Carolina, for Appellant. William B. Schultz , General Counsel, Daretia M. Hawkins , Senior Attorney, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Washington, D.C.; Elizabeth H. Dickinson , Chief Counsel, Michael Shane , Associate Chief Counsel for Enforcement, UNITED STATES FOOD AND DRUG ADMINISTRATION, Washington, D.C.; Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Mark B. Stern , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; William N. Nettles , United States Attorney, Barbara Bowens , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Niemeyer and Judge Shedd joined.


This case involves a Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-2680, suit by a tomato farmer against the United States. Seaside Farm, Inc., alleges that the Food and Drug Administration negligently issued a contamination warning in response to an outbreak of Salmonella Saintpaul that devalued...

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