As reported by The Packer on October 9, 2014, a civil action filed against the USDA in the Eastern District of Michigan – seeking both injunctive and declaratory relief – resulted in the USDA’s closure of its investigation of Mucci Pac USA. Specifically, Mucci Pac and the USDA entered into a stipulation and agreed that Mucci Pac does not buy or sell produce. As such, the USDA agreed that Mucci Pac does not need to maintain a PACA license and is not subject to PACA. The U.S. District Court ratified the stipulated agreement and closed the case. See USDA Backs Off Investigation of Mucci Pac USA (identifying Jason Klinowski as lead counsel for Mucci Pac USA)
This case did not go to trial and the court order is not much of a precedent for others to utilize, but it does show the industry that produce companies do have rights. More importantly, this case shows that Canadian produce companies can properly establish and maintain distribution centers in the United States without subjecting themselves to USDA jurisdiction. This practice holds immediate and obvious financial benefits for those Canadian companies that sell into the U.S. marketplace.


On March 5, 2014, the Midwest Chapter of the Legal Marketing Association announced the winners of the 2014 Your Honor Awards at an event in Chicago, Illinois. The Your Honor Awards recognize excellence by marketing and communication practitioners in legal marketing, sales, business development, and design. Entries were submitted by legal marketing professionals on behalf of their respective law firms. Entries were submitted in LMA Midwest’s annual regional competition from law firms and legal service providers in Illinois, Indiana, Wisconsin, Missouri, Michigan and Kansas. Submissions were judged on a variety of criteria, including product, strategy and results.

As the produce industry follows the fate of Eric and Ryan Jensen many articles and commentary have surfaced in support of the brothers Jensen. However, these articles and commentary all focus around a significant misconception about the government’s burden of proof. Specifically, the general misconception is that the U.S. Attorney’s Office must prove or otherwise show intent on the part of the Jensen brothers to obtain a criminal conviction.
On September 30, 2013, Fresh & Easy Neighborhood Market, Inc. filed for chapter 11 bankruptcy protection in the District of Delaware and was assigned case number 13-12569. The Debtor’s voluntary petition estimates: (i) between 10,000 and 25,000 creditors; (ii) holding assets valued between $100 million and $500 million, and; (iii) liabilities between $500 million and $1 billion dollars. This case was assigned to Judge Kevin J. Carey.