Oops! Pepsi misses Court date

Hacksaw

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Pepsi no-show in court is costly - JSOnline

Pepsi no-show in court is costly
Company asks judge to vacate $1.26 billion ruling

By Paul Gores of the Journal Sentinel

Posted: Oct. 28, 2009 9:42 p.m.

When PepsiCo Inc. didn't show up in Jefferson County Circuit Court to defend itself against accusations it hijacked the idea of two Wisconsin men to sell water in bottles, a judge decided against the soft-drink maker and handed the pair one big gulp of a damage award - $1.26 billion.

Now PepsiCo, alarmed by the enormous default judgment, is pushing hard to have the award rescinded.

Although the case was filed in April and the damage award was handed down by Circuit Judge Jacqueline R. Erwin on Sept. 30, PepsiCo contends the proper people in the company didn't even know about it until Oct. 5 because of a series of miscues.

PepsiCo did not immediately respond to a Journal Sentinel request for comment, but company spokesman Joe Jacuzzi told the Associated Press the company feels it has been denied due process and wants the opportunity to defend itself, although it acknowledges an "internal process issue."

One of the reasons for PepsiCo's delayed response, according to court documents, was that a secretary in PepsiCo's legal department was so busy she did not tell anyone about a letter regarding the case or enter it into a log that tracks such matters.

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