business news in context, analysis with attitude

• The Boston Business Journal reports that Ahold-owned Stop & Shop has been hit with a personal injury lawsuit, filed by a New Hampshire couple that charges their son was poisoned last year by beef purchased at one of the retailer’s stores that contained E. coli.

Bloomberg reports that a US District Court in California has ruled that Safeway must be excluded from an antitrust lawsuit filed against it, as well as Albertsons and Kroger, by the state’s Attorney General Bill Lockyer.

The suit charges that a mutual aid agreement developed by the three chains to share and lessen the pain during a lockout/strike more than two years ago was actually in violation of federal antitrust laws. The judge, while not ruling on the merits of the case, said that “"Safeway's liability under the currently articulated theory is not apparent” and that “the complaint does not give defendant Safeway adequate notice of its alleged role."
KC's View:
There ought to be a law against rulings that use phrases like “currently articulated theory.”