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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.