Food & Beverage

  • September 24, 2021

    Pa. Eatery Wants Virus Insurance Suit Paused For 3rd Circ.

    A Pittsburgh restaurant has asked a Pennsylvania federal court to pause its lawsuit seeking insurance coverage for pandemic-related losses, saying the Third Circuit is now considering a group of consolidated appeals that could resolve most of the case's issues.

  • September 24, 2021

    India's Antitrust Unit Pours Out $118M In Beer Cartel Fines

    India's competition enforcer has fined United Breweries and a local Carlsberg unit a total of $117.9 million for allegedly participating in a cartel among beer companies, while a subsidiary of Anheuser Busch InBev avoided a penalty by being the first to cooperate with enforcers.

  • September 24, 2021

    Vendor Co. Fights Airport's 'Pepsi Only' Rule At 3rd Circ.

    An airport vendor company urged the Third Circuit on Friday to revive its antitrust challenge to the Philadelphia International Airport's rule limiting nonalcoholic beverage sales to Pepsi products, arguing it had sufficiently defined a "relevant" geographic market where competition was injured.

  • September 24, 2021

    NC Theaters, Chicago Eateries Lose COVID-19 Coverage Bids

    An Illinois federal judge has ruled that a North Carolina movie theater chain and a group of Chicago restaurants are not entitled to coverage for their pandemic losses, finding that the businesses did not show that they incurred a direct physical loss that would trigger coverage under their insurance policies.

  • September 24, 2021

    Texas Justices To Hear Chick-Fil-A Airport Exclusion Row

    The Texas Supreme Court on Friday agreed to hear a lawsuit challenging the San Antonio City Council's decision to exclude Chick-fil-A from operating a restaurant in the city's airport, after a lower appellate court found governmental immunity barred the claims.

  • September 24, 2021

    QVC Ducks Antitrust Claim In Suzanne Somers Diet Pill Row

    A Pennsylvania federal judge has nixed a claim alleging antitrust violations on the part of QVC Inc. as part of a broader lawsuit from actress and entrepreneur Suzanne Somers accusing the home shopping giant of scheming to freeze her out of the market for nutritional supplements.

  • September 24, 2021

    Otis Dodges Insurer's Suit Over Elevator Fall In Skyscraper

    Otis Elevator has avoided an insurer's suit in Illinois federal court seeking reimbursement after an elevator in Chicago's formerly named John Hancock Center skyscraper fell 84 floors and was shut down by the city, stopping customers from visiting a 95th-floor restaurant insured by the company.

  • September 24, 2021

    Health Beverage Co. Seeks To Block Rival's Name In IP Suit

    Health food and beverage company Remedy Organics asked a New Jersey federal court Friday to block a competitor from using the name Remedy Drinks, saying the brand infringes its registered trademark and has already fostered confusion in the marketplace.

  • September 24, 2021

    Navajo Nation, DOI Agree To Remand In 9th Circ. Land Fight

    The Department of the Interior has joined the Navajo Nation in asking the Ninth Circuit to send a land trust dispute back to district court, agreeing that the tribe should be allowed to file an amended complaint against the government.

  • September 24, 2021

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

    This past week in London has seen two energy drink giants lock horns, Standard Chartered sued by the state of Wisconsin and IBM take aim at a Swiss software company. Law360 looks at these and other new claims in the U.K. 

  • September 23, 2021

    Ga. Judge Takes Dig At Overcomplicated Drink Formula IP Suit

    A Georgia federal judge has chided counsel for lengthy pleadings in a drink formula trade secret suit between rival beverage makers even as he kept most of the case intact in a ruling that began by stating, "Lawyers sometimes make matters unnecessarily complicated."

  • September 23, 2021

    8th Circ. Probes Tyson Bid To Keep COVID Suits In Fed. Court

    An Eighth Circuit panel grilled Tyson Foods on Thursday as to why the meat processing giant should be allowed to litigate twin coronavirus-related wrongful death suits in federal court rather than state court, given that it had not been under a federal mandate to stay open amid the pandemic.

  • September 23, 2021

    NYC Passes Laws To Better Food Delivery Worker Conditions

    The New York City Council on Thursday passed a legislative package to improve working conditions for food delivery couriers employed by apps such as Grubhub and Uber Eats, saying the six bills will help set minimum pay requirements and ensure that tips go to the workers.

  • September 23, 2021

    Retirees Get Green Light For $8M Deal With Pension Plan

    An Arizona federal court gave an early nod Thursday to a nearly $8 million settlement between a United Food and Commercial Workers pension plan and a worker suing on behalf of nearly 400 retirees who claimed the plan withheld or tried to recoup benefits.

  • September 23, 2021

    Monsanto PCBs Contaminated Del. Waterways, AG Suit Says

    Monsanto Co. knew in the 1930s that its PCBs were toxic, yet it continued to produce them for decades, ultimately contaminating Delaware's many waterways, the state and its attorney general said in a state court complaint Thursday.

  • September 23, 2021

    Ballard Spahr Guiding $1B New Orleans Mixed-Use Project

    Ballard Spahr is representing River District Neighborhood Investors, which is acting as the master developer of a $1 billion New Orleans mixed-use project, the firm said Thursday.

  • September 23, 2021

    Tyson Yanked Job Offer Over Earlier EEOC Charge, Suit Says

    Tyson Foods revoked its offer to rehire a former employee after it realized she had previously gone to the U.S. Equal Employment Opportunity Commission with a pregnancy discrimination charge, according to a new suit from the EEOC.

  • September 23, 2021

    Cincinnati Scores 7 Virus Coverage Dismissals In Tenn., Pa.

    Cincinnati Insurance Co. won seven dismissals of coronavirus coverage suits in Tennessee and Pennsylvania federal courts, but a Missouri federal judge allowed a Kansas City restaurant and bar owner to head to trial against the insurer on its business income coverage claim.

  • September 23, 2021

    Texas COVID-19 Biz Immunity Law Cooks Tyson Workers' Suit

    A Texas federal judge has tossed a suit accusing Tyson Foods Inc. of exposing and causing the COVID-19 infections of plant employees due to the company's failure to provide adequate safety protections, saying a Texas law granting immunity to businesses amid the pandemic applies retroactively to bar the claims.

  • September 23, 2021

    Contracting Co. Operators Charged In Agriculture Visa Case

    A Florida grand jury returned a six-count indictment against three employees at a labor contracting company that allegedly exploited and extorted migrant agricultural workers, harbored them after their visas expired and falsified documents to avoid federal scrutiny.

  • September 23, 2021

    Indiana Justices Clear Tyson Meats In Motorcycle Crash Suit

    The Indiana Supreme Court has tossed claims that grass on a Tyson Fresh Meats Inc. property was too high and led to a motorcycle accident, adopting a bright-line rule that a property owner does not have a duty to motorists if an obstruction is confined to the property itself.

  • September 23, 2021

    MTV Beats Trademark Suit Over 'Floribama Shore'

    A Florida federal judge ruled Wednesday that the MTV reality show "Floribama Shore" didn't violate the trademark rights of an oyster bar called the Flora-Bama, rejecting the case on First Amendment grounds.

  • September 22, 2021

    StarKist Tells 9th Circ. Uninjured Overwhelm Tuna Classes

    StarKist Co. urged the en banc Ninth Circuit during oral arguments on Wednesday to decertify three classes of canned tuna buyers in a massive price-fixing lawsuit, saying there are too many class members who haven't suffered any injuries from the alleged scheme.

  • September 22, 2021

    Tyson Faces Longer Odds At 8th Circ. Over COVID-19 Deaths

    Tyson Foods supervisors in Iowa allegedly ran a betting pool early in the pandemic on how many employees would contract COVID-19 despite local demands to idle the processing facility, and now the odds are stacking against the company in an Eighth Circuit fight over proper venue for wrongful death claims, with the federal government stepping in to back the workers.

  • September 22, 2021

    NY Eatery Exec Was Fired For Alleging PPP Fraud, Suit Says

    The former operations director for a group of New York restaurants claimed in a Brooklyn federal court suit Wednesday that he was fired in retaliation for raising alarms about alleged pandemic loan fraud.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Opinion

    Ruling Rightly Sends COVID Biz Interruption Question To Jury

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    After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Plaintiff Fact Sheets In Mass Tort Discovery: Keys To Success

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    Plaintiff fact sheets can be an essential part of discovery in mass tort multidistrict litigation, but making them work depends on productive, willing collaboration between all parties from the beginning, and effective management and organization of the large amounts of data they may yield, say Julia Jiampietro, Alexandra Origenes and Katie Insogna at DLA Piper.

  • Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III

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    As questions about vaccine passports' viability under Title III of the Americans With Disabilities Act prevail, companies should carefully explore whether requiring them of customers and patrons creates legitimate impediments to the full and equal access of public accommodations, say Charles Thompson and Anthony Guzman at Greenberg Traurig.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Bankruptcy Courts' Equitable Discretion May Be In Danger

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    The Eighth Circuit’s recent equitable discretion decision in VeroBlue sends a warning to practitioners and the bench that courts' overuse of this bankruptcy doctrine in dismissing post-plan confirmation appeals may result in elimination of the useful tool altogether, say Brian Shaw and Mark Radtke at Cozen O'Connor.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Mass. 7-Eleven Case Carries Broad Employment Ramifications

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    The 7-Eleven worker classification case pending in Massachusetts' highest court calls franchising models into question and is likely to have repercussions beyond the Bay State as various local, state and federal regulators try to apply employment law to business relationships that may not fall neatly into either the employee or independent contractor category, says Hugh Murray at McCarter & English.

  • 9th Circ. Ruling Signals Scrutiny Of Class Settlement Fees

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    The Ninth Circuit's recent decision in Briseño v. Henderson, holding that federal courts must carefully review class action settlements for potential collusion on attorney fee arrangements, suggests that high class counsel fee awards will meet more resistance, say attorneys at Skadden.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Fraud Enforcement Risk Mitigation Steps For PPP Lenders

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    Notwithstanding hold-harmless provisions included in the Paycheck Protection Program, lenders are not protected from U.S. Department of Justice fraud investigations or False Claims Act qui tam suits and should consider strategies to reduce potential liability, say Derek Adams at Potomac Law and Jesse Morton at Stout Risius.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Opinion

    In War On Arbitration, Consumers And Companies Both Lose

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    Amazon.com's recent decision to end arbitration and face the risk of consumer class actions, in the face of plaintiffs firms ramping up mass arbitration proceedings, portends the loss of a vital form of alternative dispute resolution, hurting both consumers and corporate defendants, says Sherman Joyce at the American Tort Reform Association.

  • What Attorneys Should Know About 'Ghost Kitchen' Clients

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    Brett Buterick at A.Y. Strauss examines common issues attorneys could face when working with clients in the so-called ghost kitchen industry and provides practical guidance on primary agreements, key terms and deal points.

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