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Food & Beverage
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March 19, 2024
McDonald's Franchisee's Ch. 11 Plan Approved With Deal
A Pittsburgh McDonald's franchisee received court approval Tuesday for its Chapter 11 plan after also getting the nod on a $4.35 million settlement with a former employee who was sexually assaulted as a minor by her manager at one of the debtor's restaurants.
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March 19, 2024
Fishery Says DOL Stonewalling Discovery In H-2A Probe
The U.S. Department of Labor can't strategically walk away from discovery obligations in a suit accusing a Mississippi fishery of threatening to deport workers if they cooperate in a wage investigation, the fishery said, arguing it won't have a chance to properly defend itself.
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March 19, 2024
Wash. Hydro Co. Says Dam Removal Plan Follows Court Order
A Washington hydroelectric company insists it is not disobeying a court order to remove part of a temporary rock dam that harms migrating fish, telling a federal judge that a tribe's alternative is not structurally sound and cannot be permitted.
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March 19, 2024
Gerber Says Vitamin C Not Used As Preservative In Baby Food
Gerber has said consumers who bought its baby food snack products with "no preservatives" labels got exactly what they bargained for, food with no ingredients that function as preservatives, asking a New York federal judge to toss a false-ad suit.
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
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March 19, 2024
Trade Court Says US Demand For Garlic Bond Came Too Late
The U.S. Court of International Trade backed an insurance company's contention that the U.S. government waited eight years too long to demand payments for Chinese garlic imports the company covered, saying the government was contractually obligated to make a demand sooner.
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March 19, 2024
Kellogg Arbitration Pact Is Invalid, 6th Circ. Told In 401(k) Fight
A former Kellogg Co. employee urged the Sixth Circuit to reinstate his lawsuit accusing the company of up-charging retirement plan participants with excessive fees, saying the case was wrongly booted to arbitration without his consent.
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March 19, 2024
Uber, Progressive Unit Settle NC Widower's Coverage Fight
The widower of an Uber Eats driver who died in a car crash on the job has settled his lawsuit seeking a payout for the accident from the ride-hailing giant and its insurer, according to a notice filed in North Carolina federal court.
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March 19, 2024
Fishers Angle For Justices' Attention With New Monument Suit
Two fishermen are challenging a 5,000-square-mile offshore national monument in a lawsuit that sets up a fight over the extent of presidential power under the Antiquities Act, an issue that has already drawn the attention of U.S. Supreme Court Chief Justice John Roberts.
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March 19, 2024
Chicago Club Files Defamation Suit Over Viral TikTok Video
A Chicago nightclub and restaurant has filed a defamation lawsuit in Illinois against a woman who posted a viral video on TikTok claiming its staff physically assaulted her, alleging her false accusation has cost it business and harmed its reputation.
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March 19, 2024
Consumers Rip Nestle's Latest Early Win Bid In False-Ad Suit
A proposed class of bottled water drinkers have torn into Nestle Waters North America Inc.'s third attempt to shut down their claims that the company's Poland Spring brand water is deceptively marketed because it is not actually spring water, arguing Nestle's early win bid "strains or ignores a mountain of evidence."
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March 19, 2024
Unilever To Spin Off Ice Cream Biz, Including Ben & Jerry's
European consumer goods giant Unilever on Tuesday unveiled plans to separate its ice cream business, which includes Ben & Jerry's, as part of an effort to simplify and "streamline" its operations.
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March 19, 2024
IFF Selling Pharma Unit To French Co. Roquette In $2.85B Deal
IFF, a maker of ingredients and additives for food, health and home-based products, said Tuesday it has agreed to sell its Pharma Solutions business to French plant-based ingredient maker Roquette at an enterprise value of up to $2.85 billion.
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March 19, 2024
NY Cannabis Co. Says Regulators Retaliated For Criticism
A New York cannabis operator is suing the state's Office of Cannabis Management, saying regulators have unfairly targeted her business with a stop-work order in retaliation for public criticism of the OCM's failure to stop activities that go against its rules.
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March 18, 2024
SEC Fines Supervisor $47K Over Revenue Inflation Claims
A former finance director of water treatment company Evoqua Water Technologies Corp. will pay the U.S. Securities and Exchange Commission nearly $47,000 to resolve claims that he was part of a scheme to inflate the company's revenue by $36 million.
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March 18, 2024
Corteva Wants Jury Trial In FTC Pesticides Case
Corteva has demanded a jury trial for the Federal Trade Commission's case in North Carolina federal court accusing Corteva and Syngenta of blocking competition from generic pesticides through rebate programs.
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March 18, 2024
Bayer Beats False-Ad Suit Over 'Honey Lemon Zest' Cold Med
A New York federal judge on Monday tossed without leave to amend a proposed class action accusing Bayer Healthcare LLC of falsely claiming that its Alka-Seltzer Plus brand over-the-counter severe cold medication contains honey and lemon, saying the product's packaging reflects flavoring and not actual ingredients.
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March 18, 2024
Food Industry Group Urges 9th Circ. To Keep GMO Labeling Rule
A trade group representing corporate giants including Coca-Cola and General Mills has urged the Ninth Circuit to keep a federal labeling rule allowing disclosure of genetic modifications to foods to be done digitally, claiming that upsetting the rule would present "significant disruption for industry and consumers alike."
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March 18, 2024
Indian Potato Cos. Can't Get $4.4M Award OK'd In NJ
A New Jersey federal judge has refused to enforce a $4.4 million arbitral award stemming from an ill-fated joint venture to develop a potato-processing production line, ruling that Indian affiliates of Idaho-based agribusiness J.R. Simplot Co. haven't shown his court has jurisdiction in the dispute.
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March 18, 2024
Pabst Gets Calif. Judge To Can 'Olympia Beer' False Ad Suit
A California federal judge sided with Pabst Brewing Co. on Monday in a consumer's false advertising suit, finding that the label of its now-defunct Olympia Beer was unlikely to mislead a reasonable consumer into thinking the lager was brewed in Washington using Pacific Northwest water.
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March 18, 2024
Canada Dry Gets Va. Wage Claim Trimmed From OT Suit In Pa.
A Pennsylvania federal judge agreed Monday to toss Virginia state wage claims from a Pennsylvania lawsuit accusing Canada Dry of miscalculating overtime wages for eligible workers, saying a 2022 amendment that set overtime pay limits dooms the state wage claims.
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March 18, 2024
Subway Franchise Fight Order Can't Be Nixed, Court Hears
A company that helps to develop and service Subway restaurants in western Canada is urging a New York court not to vacate an arbitrator's order requiring the sub shop's Canadian franchisor to continue making payments on their pact while they arbitrate a contractual feud.
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March 18, 2024
Lack Of Permanent Workers Dooms Bid For H-2B Kitchen Staff
A staffing firm's admission that it doesn't have employees in North Carolina undermined its request to temporarily hire 75 foreign workers to staff a North Carolina restaurant, according to a recent decision from a U.S. Department of Labor administrative law judge.
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March 18, 2024
4th Circ. Preview: Airport Mishap, Inmate Pay Launch March
The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.
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March 18, 2024
Farmers Seek Quick Win In H-2A Suit Against DOL
Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.
Expert Analysis
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Class Action Defense: Don't Give Up On Bristol-Myers Squibb
Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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High Court Bakery Driver Case Could Limit Worker Arbitration
Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.
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State Regs Sow Discord Between Cannabis, Hemp Industries
Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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How Cos. Can Prioritize Accessibility Amid Increase In Suits
The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Lessons On Arbitration Carveouts From Diddy-Diageo Suit
After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.
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Calif. GHG Disclosure Law Will Affect Companies Worldwide
California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.
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NY Rulings Show Tough Odds For 'Made With' Class Actions
Two recent dismissals of proposed class actions — over alleged misrepresentations of food product ingredients — in New York federal courts suggest a growing skepticism of challenges to "made with"-type claims, but companies that decide to make such claims should still consider options to mitigate litigation risk, say Ashley Simonsen and Kaixin Fan at Covington.
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Practice Tips To Help Keep Patent Reissuance Options Open
The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Series
ESG Around The World: Japan
Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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New Calif. Hemp, CBD Rules Affect Nationwide Compliance
Because of its huge market share, it is imperative that operators in every state understand the nuances of California's hemp and CBD regulatory regime, including policies refined over the past year and pending legislation that would allow cannabis licensees to sell, manufacture and distribute hemp and CBD products, say Alexis Lazzeri and Meital Manzuri at Manzuri Law.