Newark, NJ – A federal judge has pared back claims in a tangled class action over alleged short-weight calamari, granting in part a motion to dismiss by seafood supplier Ruggiero Seafood, Inc. in litigation that has roped in multiple distributors and wholesalers.
The dispute stems from a lawsuit filed by Calabria Ristorante, Inc., which accused Roma Food Enterprises and Performance Food Group of selling frozen calamari that routinely weighed less than stated on its packaging. Calabria sought to represent other restaurants with similar claims, though the court previously noted Calabria was the sole named plaintiff.
After Calabria’s complaint was largely dismissed last year, Performance Food Group attempted to shift liability to its suppliers, filing a third-party complaint against Ruggiero Seafood and NGC Inc., doing business as The Town Dock. Performance Food argued the companies had signed supplier agreements requiring them to indemnify distributors for damages tied to packaging defects, regulatory violations, or misconduct.
Town Dock in turn filed crossclaims against Ruggiero in December, seeking its own indemnification. Ruggiero responded with a motion to dismiss both Performance Food’s claims and Town Dock’s crossclaims.
In an opinion issued by U.S. District Judge Julien Neals, the court sided partly with Ruggiero, granting dismissal in part but allowing some claims to proceed. The ruling continues a complex back-and-forth that has narrowed Calabria’s original allegations while keeping the contractual indemnification disputes alive between distributors and seafood suppliers.
