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Case Background: Pellegrino Food Products, Inc. v. Wise Choice Foods, LLC 

1.7.2026

The federal case Pellegrino Food Products, Inc. v. Wise Choice Foods, LLC involved a breach-of-contract dispute between a Pennsylvania food manufacturer and a New Mexico distributor. The U.S. District Court for the Western District of Pennsylvania dismissed the case after determining that it lacked subject-matter jurisdiction, ending the litigation before the court could evaluate the underlying contract claims.

Case Background Pellegrino Food Products

Commercial disputes between businesses often arise from disagreements over contractual relationships, particularly in manufacturing and supply arrangements that span state lines. Pellegrino Food Products, Inc. v. Wise Choice Foods, LLC, is an example of how such disputes can move into federal court.

Filed in early 2025 in the U.S. District Court for the Western District of Pennsylvania, the breach of contract lawsuit involved claims asserted by a food manufacturer against a branded food distributor. Wise Choice Foods, LLC, the defendant in the action, was represented by counsel from Very Law. 

The case ultimately turned on whether the federal court had authority to hear the claims, a preliminary question the court was required to resolve before considering any alleged contractual issues.

Nature of the Dispute (Pellegrino Food Products, Inc. v. Wise Choice Foods, LLC)  

The lawsuit arose from a business relationship between Pellegrino Food Products, Inc., a Pennsylvania-based food manufacturer, and Wise Choice Foods, LLC, a New Mexico company that markets and distributes branded food products. 

The relationship involved a manufacturing and supply arrangement under which Pellegrino produced food products for Wise Choice’s distribution.

In early 2025, Pellegrino filed a lawsuit for breach of contract in federal court based on that relationship, alleging that Wise Choice had failed to meet its obligations under the parties’ business relationship. The lawsuit was presented as a straightforward commercial dispute between two companies operating across state lines.

As the case progressed, procedural requirements became central to determining whether the dispute could proceed in federal court. Those issues ultimately prevented the court from reaching the substance of the contract claims.

How the Case Progressed in Federal Court 

Pellegrino Food Products, Inc. filed the lawsuit on February 14, 2025, in the U.S. District Court for the Western District of Pennsylvania. The case was brought as a breach of contract lawsuit between businesses based in different states. 

Pellegrino relied on diversity jurisdiction, which allows federal courts to hear certain interstate business disputes when specific legal requirements are met.

Service of Process and Early Procedure 

Because Wise Choice Foods, LLC is headquartered in New Mexico, the early stages of the case involved procedural steps necessary before the litigation could proceed. 

One of those steps was service of process, which ensures that a defendant receives formal notice of a lawsuit. Pellegrino requested additional time to complete service, and the court granted that request. Wise Choice was formally served in late June 2025.

The Motion to Dismiss 

On July 16, 2025, Wise Choice responded by filing a motion to dismiss. Instead of addressing the substance of the contract dispute, the motion centered on whether the federal court had the legal authority to hear the dispute.

Wise Choice argued that the federal court lacked that authority in this case, making jurisdiction a threshold issue that had to be resolved before any contractual claims could be considered.

The Court’s Decision 

On September 2, 2025, Chief Magistrate Judge Richard A. Lanzillo issued a written Memorandum Opinion and Order resolving the motion. The court granted Wise Choice’s request to dismiss under Federal Rule of Civil Procedure 12(b)(1) after concluding that subject matter jurisdiction was lacking.

Because federal courts must confirm jurisdiction before reaching the merits of a case, the court dismissed the action without prejudice. As a result, Wise Choice’s separate request to dismiss the case for failure to state a claim under Rule 12(b)(6) was denied as moot. This means that the court did not rule on the merits of the contract claims and did not prevent them from being raised in another forum. 

Key Legal Issues 

The case presented two legal issues, though only one was resolved by the court.

Breach of Contract 

Pellegrino filed the action asserting a breach of contract claim tied to its manufacturing and supply relationship with Wise Choice. That claim drove the lawsuit and defined the relief Pellegrino sought.

However, the court did not analyze the contract itself or determine whether a breach occurred. Those questions remained unresolved because the case did not proceed past the jurisdictional stage. 

Diversity Jurisdiction

The decisive legal issue was diversity jurisdiction. Wise Choice challenged whether the requirements for federal jurisdiction were met and raised the issue through a motion to dismiss under Rule 12(b)(1).

After reviewing the parties’ filings, the court determined that it lacked subject matter jurisdiction. Because federal courts must resolve jurisdictional issues before addressing substantive claims, this finding necessitated the dismissal of the action without prejudice, thereby ending the case at an early stage.

What This Case Illustrates for Commercial Relationships

Manufacturing and supply agreements often involve businesses operating across state lines, which makes clarity at the contract stage especially important. Clear terms help define expectations and reduce uncertainty when disagreements arise. When disputes move into litigation, the contract itself is only one part of the analysis. 

This case also illustrates how procedural requirements can shape the direction of commercial litigation, particularly in federal court. Before any factual or contractual disputes are considered, courts must first determine whether they have the authority to hear the case. Questions of jurisdiction and forum are therefore addressed at the outset, and the court can decide if a lawsuit moves forward at all.

For companies facing breach of contract lawsuit cases, attention to these threshold issues often influences how a dispute develops from its earliest stages. Business attorneys with a strong understanding of contract disputes and court procedure can help companies assess where a case can be heard and how jurisdictional requirements may affect the course of litigation.

Plan Your Next Steps With Very Law

Pellegrino Food Products, Inc. v. Wise Choice Foods, LLC highlights how procedural rules can determine whether a federal court can address the merits of a business dispute. 

For companies involved in contract litigation, particularly those operating across state lines, understanding jurisdiction and court authority is a critical part of risk management and litigation planning. Experienced counsel can help evaluate jurisdictional posture early and ensure that a company is prepared to present its position in the appropriate forum.

Very Law works with businesses facing complex commercial disputes and federal litigation. If your company is involved in a contract dispute or considering potential legal action, our attorneys are available to provide clear guidance. 

Contact Very Law today to discuss your situation and understand your options. 

Ryan D. Very, Esq.

Ryan D. Very, Esq.

Proprietor

Ryan Very spearheads one of Pittsburgh’s fastest-growing, most well-respected law firms. He’s built a full-service practice working with a diverse array of clients: trade associations, teachers, business owners, unions, large corporations, and the ordinary citizen.

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