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Food & Beverage
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April 17, 2024
DC Judge Questions 7-Eleven Position On FTC Constraints
A D.C. federal judge on Wednesday pressed counsel for 7-Eleven on the company's claims that only the U.S. attorney general can seek civil penalties on behalf of the Federal Trade Commission, questioning how the commission itself can be limited when the FTC Act gives it the right to take up actions if the U.S. Department of Justice does not.
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April 17, 2024
Cinemark Shorted Thirsty Moviegoers By 2 Ounces, Suit Says
Movie theater chain Cinemark USA Inc. is ripping off customers by lying about its purported 24-ounce drink sizes when in reality, the plastic containers can only hold 22 ounces of liquid, according to a proposed class action filed in Texas federal court.
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April 17, 2024
Ga. High Court Urged To Broaden Atty Malpractice Time Limit
Counsel for an Atlanta restaurateur urged the Supreme Court of Georgia on Wednesday to revive a malpractice claim against his former lawyer by allowing for a more expansive statute of limitations when breach of contract claims enter the mix.
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April 17, 2024
Compass Group Gets New Damages Trial In $8M Death Suit
A California state appeals court has rejected cross-appeals from food service giant Compass Group USA Inc. and a mother suing it for negligence in a wrongful death suit that ended in an $8 million verdict, sending the case back for a new trial on damages.
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April 17, 2024
Welch's Rehire Challenge Should Fail, Judge Recommends
Welch Foods should comply with an arbitrator's order to rehire a Teamsters-represented worker fired for making vulgar comments to a female co-worker, a Pennsylvania federal magistrate judge said, recommending that the district judge toss the company's challenge to the order.
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April 16, 2024
Corp. Transparency Act A Valid Use Of Powers, 11th Circ. Told
The U.S. Department of Treasury told the Eleventh Circuit that a federal district court erred in finding the Corporate Transparency Act unconstitutional, saying the lower court misunderstood the law's scope and relation to efforts to curb financial crime.
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April 16, 2024
Vineyard Wind Urges 1st Circ. To Uphold Project Approval
Developers of an offshore wind energy project near Martha's Vineyard, Massachusetts, on Tuesday urged the First Circuit not to revive a fishing group's legal challenge to the endeavor, arguing the environmental review process was solid.
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April 16, 2024
US Tequila Startup Defeats Older Mexican Rival's TM Case
A Texas federal judge has decided that the tequila marketplace is big enough for both a U.S. startup called "Casa Azul" and an older Mexican brand called "Clase Azul," whose lawyers unsuccessfully tried to persuade the judge of its fame by playing a music video by reggaeton rapper Ozuna.
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April 16, 2024
Amway Parent Must Face Trial In Retirees' 401(k) Suit
A Michigan federal judge refused Tuesday to totally free Amway's parent company from a class action accusing it of stacking its 401(k) with unwise investments and excessive fees, saying a jury should determine whether the company's investment review process was prudent.
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April 16, 2024
6th Circ. Won't Rehear White Ex-Kroger Manager's Bias Case
A former manager for Kroger will not get to argue his claims he was fired because he is a white man before the full Sixth Circuit, according to a new order, letting stand the appellate court's decision to dismiss the former manager's claims.
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April 16, 2024
Plaintiff Wants Big Sugar Antitrust Suits Consolidated In Fla.
A plaintiff in one of more than a dozen antitrust suits accusing sugar companies of engaging in a price-fixing scheme argued that the litigation should be consolidated in Florida, which is responsible for more than half of all American sugarcane production and is home to more of the sugar company defendants than any other jurisdiction.
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April 16, 2024
Impossible Foods Slams 'Radical' TM Fight At High Court
Impossible Foods has urged the U.S. Supreme Court to reject a request by a marketing firm owned by a self-described "digital nomad" to review a split Ninth Circuit decision reviving the veggie burger-maker's trademark lawsuit against it, arguing the petition mischaracterizes personal jurisdiction legal precedent and makes "radical" constitutional arguments.
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April 16, 2024
Trade Commission Confirms Turkish Paper Bags Hurting US
The U.S. International Trade Commission unanimously voted Tuesday that paper shopping bags imported from Turkey are hurting the United States' domestic industry through unfairly lower prices.
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April 16, 2024
Arbitration Pacts Leave Domino's Wage Suit Plaintiff-Less
An expense reimbursement dispute against Domino's can't go forward because it will be without a named plaintiff, as the four drivers who were supposed to step in are all bound by arbitration agreements, a Michigan federal judge ruled Tuesday.
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April 15, 2024
McDonald's, Workers Battle Over Future Of No-Poach Case
Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.
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April 15, 2024
Shopper Says ConAgra Beans Poisoned Her With Ammonia
A Colorado woman is suing ConAgra over alleged ammonia contamination in one of its refried bean products, claiming in a lawsuit removed to Colorado federal court Monday that one bite resulted in cuts, blisters and bleeding in her mouth and throat.
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April 15, 2024
Panera Hit With False Ad Suit Over 'Sprouted Grain' Bagel
A customer hit Panera LLC with a proposed class action accusing the restaurant chain of falsely marketing its bagels as made with sprouted grains despite the main ingredient being less healthy non-sprouted grains, according to a suit removed to California federal court Friday.
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April 15, 2024
Canadian Supplement Co.'s Sale Hits Ch. 15 Snag In Del.
A Delaware bankruptcy judge appeared skeptical Monday that an American judge can weigh in on a dispute over rights to Canadian assets, as counsel for a troubled nutritional supplement supplier based in Canada argued for U.S. recognition of a sale order from an insolvency court in its home country.
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April 15, 2024
Academics Push To Cut Investor Arbitration From Trade Deals
Hundreds of law and economics professors have joined the chorus of calls on the left pressing U.S. President Joe Biden to snip investor-state dispute settlement provisions from existing trade deals, saying the legal mechanism privileges corporate entities over domestic citizens.
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April 15, 2024
Pet Food Brand Chicken Soup Says Supplier Hiked Costs
A manufacturer that supplied the Chicken Soup for the Soul pet food brand bought ingredients from its own subsidiary, hiked prices and failed to deliver products, according to a response to the manufacturer's $3.1 million allegation that the name brand failed to pay for food already manufactured and sold to consumers.
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April 15, 2024
Food Supplier Sues Ga. City Over $1.5M Wastewater Penalties
The city of Dawsonville, Georgia, and seven city officials have been sued in Georgia federal court by a food supplier that alleges the city threatened to shut off water and sewage service to its poultry processing plant based on more than $1.5 million in "illegally assessed" wastewater discharge penalties.
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April 15, 2024
Versace Mansion Workers Lose Bid To Revive Wage Claims
Workers at the former Versace Mansion can't revive their minimum wage claims because a service fee charge is not a discretionary tip and was lawfully used to top off the workers' base hourly pay, the Eleventh Circuit said Monday.
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April 15, 2024
Dairy Co. Oberweis Hits Ch. 11 With Up To $50M In Debt
Oberweis, a popular Illinois-based ice cream and dairy producer run by a former Republican state senator, has hit Chapter 11, disclosing it has as much as $50 million in liabilities.
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April 15, 2024
Justices Won't Nix FDA Labeling Preemption For State Claims
The Supreme Court on Monday let stand lower court findings that the unique authority of the federal Food and Drug Administration preempted and, therefore, justified dismissing a proposed class action that alleged a Johnson & Johnson subsidiary broke Massachusetts law by misbranding Lactaid drug products as dietary supplements.
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April 12, 2024
Misconduct Doomed Dining Mat Patent Case, Fed. Circ. Rules
The Federal Circuit on Friday upheld a decision that a maker of toddler dining mats torpedoed its patent case against a rival with "unconscionable" misconduct, and ordered a lower court to reconsider findings that the patent is invalid but not unenforceable.
Expert Analysis
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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Starbucks Raise Ruling Highlights Labor Law Catch-22
A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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High Court's Chevron Review May Be A Crypto Game-Changer
The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.
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Alcohol's E-Commerce Spike Brings Regulatory Dilemmas
In the evolving landscape of beverage alcohol e-commerce, the clash between supplier marketing and tied-house laws poses challenges, with regulators grappling to keep pace with the digital marketplace, leaving the industry in a gray area, says Jaci Flug at Greenspoon Marder.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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New Regs Will Strengthen Voluntary Carbon Offset Market
Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.