· 9/15/2010
In Re Aurora Dairy Corp. Organic Milk Marketing
Citations
- 621 F.3d 781
- 2010 U.S. App. LEXIS 19254
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a national standard “would be deeply undermined by the inevitable divergence in applicable state laws as numerous court systems adopt conflicting interpretations of the same provisions of the OFPA and NOP”
- noting that OFPA has “a limited preemption provision”
- “The structure of the OFPA, and particularly its remedial scheme, also support our conclusion that to the extent state laws challenge Aurora’s certification they are preempted.”
- in turn quoting U.S. Const. art. VI, cl. 2
- discussing private brand milk sold at major retailers
- “Claims Attacking Aurora’s Certification are Preempted”
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Smith, Shepherd
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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