North Carolina Business Litigation Report

Thai Holding of Charlotte, Inc. v. Archer Daniels Midland Co., 2007 NCBC 11 (N.C. Super. May 7, 2007)(Tennille)

A multi-state class action was settled in New Mexico. As a result, funds were to made available to North Carolina for a cy pres distribution to "public and/or non-profit entities that use MSG and Nucleotides and/or products that use MSG or Nucleotides." There was no specification, however, of what entities should receive the funds, or how those entities should be selected.

The Court referenced its opinion in Teague v. Bayer AG, issued the same day, and made it clear that it expected further information. The Court later approved the settlement in a subsequent unpublished opinion and dismissed the case, ordering that a specified amount would go to specified North Carolina Food Banks.

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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