A federal judge in Nebraska granted a mistrial Friday in a class
action accusing Nebraska Beef Ltd. of not paying employees for time
spent donning and doffing protective equipment after a question
about discovery prompted the meat packer's attorneys to
Lamson Dugan and Murray LLP asked to withdraw from the case on
Tuesday, the second day of the trial, shortly after a question
arose as to whether the meat-packing company had appropriately
complied with discovery obligations when it failed to produce logs
showing compliance with sanitization procedures, according to
plaintiffs' attorney Todd Schneider.
U.S. District Judge Joseph F. Bataillon did not get a chance to
rule either way on the discovery issue before Nebraska Beef's
attorneys asked to withdraw, Schneider said. The plaintiffs plan to
ask the judge to sanction Nebraska Beef by striking its answer and
dismissing the case, he said.
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