Food & Beverage

  • April 12, 2021

    JPML Asked To Consolidate, Pick Venue For Paraquat Suits

    Two of the plaintiffs among those who have filed at least 14 federal lawsuits accusing Syngenta and Chevron of selling the herbicide paraquat despite knowing it causes Parkinson's disease have asked the Judicial Panel on Multidistrict Litigation to consolidate the cases for pretrial proceedings.

  • April 12, 2021

    Insurer Asks 9th Circ. To Toss Restaurant's Virus Class Suit

    AmGuard Insurance Co. has urged the Ninth Circuit to reject a Los Angeles restaurant's proposed class action seeking COVID-19 related loss coverage, arguing that the eatery's alleged inability to operate its business inside the restaurant due to state closure orders does not satisfy the policy's property damage requirement.

  • April 12, 2021

    Judge Rejects Brewpub's Bid To Lift Pa.'s Virus Restrictions

    A Pennsylvania federal judge declined to lift the state's COVID-19 indoor dining restrictions, finding that a brewpub's constitutionality challenge is unlikely to succeed because the Keystone State's orders are "rationally" related to its goal of limiting death and hospitalizations.

  • April 12, 2021

    Del. Chicken Plant Inks $205M Deal To End Pollution Suits

    Mountaire Farms reached a $205 million agreement with Delaware residents to end allegations that its chicken plant contaminated properties and groundwater, saying Monday the deal will set up a compensation fund for residents and upgrade the company's facilities.

  • April 12, 2021

    Ice Cream Maker Settles EEOC Suit Alleging Pro-Hispanic Bias

    A Fresno, California, ice cream and frozen treat producer will pay $200,000 to resolve a U.S. Equal Employment Opportunity Commission suit accusing the company of turning away Black, white and Asian job applicants when it found out they did not speak Spanish, the EEOC said Monday.

  • April 12, 2021

    Flower Foods Distributors Get OK On $3.15M FLSA Settlement

    A Flower Foods subsidiary is set to pay distributors $3.15 million to resolve claims that the baked goods manufacturer and seller misclassified them as independent contractors and failed to pay overtime, after a Pennsylvania federal judge granted initial settlement approval Monday.

  • April 12, 2021

    Walmart Owes $115M For Stealing Startup's Food Tech

    A jury in Walmart's home state of Arkansas said the world's largest retailer owes a Texas food technology startup $115 million after it developed shelf-freshness technology by shoplifting the startup's trade secrets.

  • April 12, 2021

    Whole Foods' Flavored Sparkling Water Lacks Fruit, Suit Says

    Whole Foods' sparkling water bottles are splashed with a photo of fruit, but the product misleads customers because it doesn't actually contain an appreciable amount of lemons and raspberries, according to a proposed class action filed in New York federal court.

  • April 12, 2021

    Jack's Abby Defeats Beer Wholesaler's Bid To Halt Breakup

    A Massachusetts beer and wine wholesaler has lost a legal challenge seeking to prevent its key supplier, Jack's Abby Brewing LLC, from breaking off their distribution deal under a new state law, according to a ruling made public Monday.

  • April 12, 2021

    Ardian Raises €7.5B Via Latest Buyout Fund, Co-Investments

    Private investment firm Ardian said Monday that it landed a combined €7.5 billion (over $8.9 billion) through its latest buyout fundraise and co-investments to continue injecting capital into health care, food chain, and technology and services companies.

  • April 12, 2021

    Bang Energy Drink Maker Avoids Sanctions In False Ad Suit

    A Florida federal judge on Monday denied a dietary supplement developer's bid for sanctions in a false advertising suit against the manufacturer of Bang energy drinks, saying she saw no bad faith in missed deposition appearances but cautioning the parties to work on maintaining professionalism.

  • April 12, 2021

    Heinz Beats 'Metchup' Trademark Lawsuit At 5th Circ.

    The Fifth Circuit ruled Monday that Kraft Heinz did not infringe the trademark rights to a mayonnaise-ketchup spread called "Metchup" when it launched its own brand of "Mayochup."

  • April 12, 2021

    Bottling Co. Says Arbitrator Couldn't Make It Rehire Worker

    An arbitrator "effectively rewrote" a labor contract when he ordered a soft-drink bottling company to rehire a worker fired for allegedly spreading a false rumor that a coworker was having an affair, the company argued in a lawsuit filed in Texas federal court.

  • April 12, 2021

    Insurance Co. Beats Calif. Nightclub's Virus Coverage Suit

    A California federal judge on Friday tossed La Luz Ultralounge's proposed class suit against Topa Insurance Co. over coverage for pandemic-driven business closures, saying the California restaurant and nightclub's losses weren't caused by "direct physical loss of or damage to" the property.

  • April 09, 2021

    Colo. Restaurant Resists Ill. Group's Entry In GrubHub Row

    Restaurants suing GrubHub for false advertising in Colorado federal court have joined the food delivery giant in opposing a bid by eateries in an Illinois suit to get in on a proposed settlement, saying they can state their case later if the deal wins approval.

  • April 09, 2021

    Sustainability-Linked Bonds Provide Boost For Green Finance

    More U.S. companies are raising money through sustainability-linked bonds, a financing tool that requires businesses to commit to specific environmental goals or face penalties, in an effort to satisfy growing demand for ESG-focused investments.

  • April 09, 2021

    NC Group Says State Deal Illegally Allows Chemical Discharge

    North Carolina environmental regulators struck an illegal deal to let the city of Greensboro discharge high levels of a cancer-causing chemical into the drinking water source for nearly 1 million people, an environmental group alleged Friday.

  • April 09, 2021

    Fla. Kombucha Co. Looks To Nix Suit Over Alcohol Content

    A Florida-based kombucha maker has argued that consumers who brought a proposed class action alleging its beverages contain more alcohol than advertised on labels have failed to show that a federal court has authority to hear the case.

  • April 09, 2021

    Real Estate Rumors: Power Petroleum, NorthBridge, Merrimac

    Power Petroleum has reportedly paid $11.25 million for a Florida gas station and retail building, NorthBridge Partners is said to have paid $21 million for a Maryland development site and Merrimac Ventures is reportedly hoping to build 716 residential units in Florida.

  • April 09, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Microsoft hit with an antitrust suit over software licenses, Britain's new high-speed rail service face another contract challenge and one of the first lawsuits related to a massive container ship that blocked the Suez Canal. Here, Law360 looks at these and other cases.

  • April 08, 2021

    Grubhub Slams Ill. Eateries' Bid To Get In On Colo. Suit

    Grubhub has asked a Colorado federal judge not to let restaurant owners in an Illinois suit get in on a settlement that ends claims accusing the food delivery giant of falsely claiming competitor restaurants are closed during the coronavirus pandemic, saying their intervention would compromise settlement efforts.

  • April 08, 2021

    Atlanta Restaurants Want Do-Over On COVID-19 Case

    The owner of Atlanta restaurants Joe's on Juniper and Hudson Grille asked a Georgia federal judge Thursday to reconsider his order denying COVID-19 coverage from Zurich American Insurance Co., arguing the judge transformed "findings of fact into conclusions of law to kill the case."

  • April 08, 2021

    These Firms Guided Q1's Top Hospitality Deals

    More than half a dozen law firms helped with the 10 largest hospitality mergers and acquisitions in the first quarter of 2021, a period that saw only seven transactions north of the $100 million mark as COVID-19 continued to weigh on the hotel sector.

  • April 08, 2021

    Ex-CBD Exec Says Co. Shorted Pay, Skimped On Expenses

    The onetime executive of a consumer goods company with a hemp wellness brand in its portfolio has accused his former employer of stiffing him on multiple fronts following his departure from the firm amid the COVID-19 pandemic.

  • April 08, 2021

    Tyson Gets Out-Of-State Workers Booted From Texas OT Suit

    Tyson Foods Inc. successfully narrowed a proposed collective action from employees who claim the meat processing giant failed to pay overtime compensation, after a Texas federal judge agreed to boot out-of-state workers from the suit because of lack of jurisdiction.

Expert Analysis

  • Opinion

    The Right Approach To Personal Jurisdiction In Class Actions

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    Since the U.S. Supreme Court's 2017 decision in Bristol-Myers Squibb Co. v. Superior Court, three approaches to personal jurisdiction over absent class members have emerged in the lower courts, but only one comports with due process and limitations on procedural devices imposed by the Rules Enabling Act, say David Kouba and Andreas Moffett at Arnold & Porter.

  • Del. Rulings Guide On D&O Insurance For Corporate Fraud

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    Two recent Delaware decisions chart a helpful path for policyholders seeking directors and officers coverage for incidents involving fraudulent conduct, and also demonstrate the flexibility afforded by choice-of-law clauses, say Brian Scarbrough and Eric Fleddermann at Jenner & Block.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Key Takeaways From FDA Warnings To CBD Cos.

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    Two warning letters the U.S. Food and Drug Administration recently issued to makers of CBD products highlight the agency's chief enforcement concerns, but leave some uncertainties regarding the future of CBD regulation, say Kristi Wolff and Donnelly McDowell at Kelley Drye.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Opinion

    Consider Benefits Of Carbon Emissions Alongside Costs

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    The Biden administration's recently announced social cost of carbon estimate will be used to calculate adverse impacts from many different activities and industries, but Poe Leggette at BakerHostetler argues that the social benefits of carbon emissions connected to food, shelter, and other goods and services have not been given enough attention.

  • FDA Letters Suggest Scrutiny Of Virus And Vaping Products

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    The U.S. Food and Drug Administration stepped up its issuance of warning letters during the first quarter of 2021, and focused particularly on products for diagnosing, treating and preventing COVID-19, and on vaping products — so manufacturers and retailers in these sectors should intensify their marketing compliance efforts, says Katie Insogna at DLA Piper.

  • Alcohol Law Changes Test Public Policy Balance

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    Pandemic-era temporary changes to alcohol laws aimed at helping bars and restaurants are maturing into long-term legislative reforms that are testing the extent to which states can obtain a policy balance between modern convenience and the safe, moderate consumption of alcohol, say Arielle Albert and Brian Fink at Danow McMullan.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Alcohol Taxation Provides Good Model For Cannabis Taxes

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    Although the alcohol taxation system isn't perfect, it could serve as a useful template for cannabis taxation with a three-tier licensing scheme and tax rates based on potency, says Louis Terminello at Greenspoon Marder.

  • Virtual Litigation May Unravel The Narcissistic Lawyer

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    The virtual courtroom limits a narcissistic lawyer's ability to intimidate witnesses and opposing counsel, boast to clients or engage in grandstanding — an unexpected benefit of the global pandemic as some aspects of remote litigation are likely here to stay, says Jennifer Gibbs at Zelle.

  • Federal COVID-19 Insurance Decisions Ignore State Law

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    Federal courts are dismissing policyholder lawsuits seeking business insurance coverage for losses from COVID-19 lockdowns at a far higher rate than state courts, likely because they are not following the Erie doctrine, which requires them to apply state law, says Carl Salisbury at Bramnick Rodriguez.

  • Rewriting Contracts For The Post-Pandemic Era

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    Attorneys at Eversheds Sutherland identify key contract provisions that have caused consternation, frustration and litigation during the COVID-19 pandemic and suggest possible alternative provisions for future contracts.

  • ABA Remote Work Guide Raises Bar For Atty Tech Know-How

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    A recent American Bar Association opinion on lawyers' ethical duties of competence and confidentiality when working remotely should be viewed as part of a larger movement by which attorneys are being exhorted to develop competence in 21st century technology, say Jennifer Goldsmith at Ironshore and Barry Temkin at Mound Cotton.

  • Lateral Hire Conflict Screening Lessons From DLA Piper Case

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    While a Texas federal court recently denied a motion to disqualify DLA Piper from representing Apple in a patent dispute after the law firm hired an attorney who formerly represented opponent Maxwell, the case is a reminder that robust conflict checks during lateral hiring can save firms the time and expense of defending disqualification motions, says Hope Comisky at Griesing Law.

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