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Business Organizations Keyed to Bauman
Marchand v. Barnhill
Citation:212 A.3d 805 (Del.2019).
Between 2009 and 2013, Blue Bell faced a number of compliance issues with their facilities. Various issues of disrepair raised concerns by inspectors, particularly regarding health safety risks. In 2013, Blue Bell had five positive tests for listeria and in January 2014 had a positive listeria result from a third party laboratory. During the course of 2014, Blue Bell had ten positive listeria tests. In 2015, these issues increased and one of its products tested positive for coliform above legal limits.
In February 2015, Blue Bell initiated a limited recall. Two days later, its board of directors met and had its first discussion regarding the issue, despite the two years of evidence of listeria. Over the next few months, Blue Bell was forced to expand its recall due to the severity of the listeria outbreak.
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