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Food & Beverage
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September 04, 2024
2011 Case Bars Houston Strip Club's Fee Row, 5th Circ. Told
The Texas Comptroller told a Fifth Circuit panel Wednesday that a Houston strip club's challenge to a new state law that would increase a fee imposed on customers of sexually oriented businesses is barred by a decade-old court decision upholding the legislature's initial enactment of the fee.
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September 04, 2024
Customs Suspects Biz Of Skipping Duties On Chinese Imports
U.S. Customs and Border Protection has instructed a chemical company to pay duties on Chinese-origin glycine imported from Malaysia, saying it had reason to believe the company was importing the amino acid through Malaysia to avoid paying tariffs on Chinese-origin glycine.
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September 04, 2024
NC Brewery, Broker Settle Flood Coverage Row
A North Carolina brewery and its insurance broker have reached an agreement in a dispute over flood coverage mere days before the action was set to go to trial, according to a notice filed in federal court, moving the case toward dismissal.
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September 04, 2024
PVC Pipe Makers Accused Of Price-Fixing
A Tennessee farmer has hit the country's biggest PVC pipe manufacturers with a proposed price-fixing class action, claiming that since at least 2021 they've been colluding through a reporting agency to raise prices for consumers.
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September 03, 2024
Dave's Killer Bread Judge Rips Attys For 'Flooding' Docket
A California federal judge admonished attorneys for both parties in a proposed class action alleging Dave's Killer "Good Seed" bread deceptively advertises the loafs as containing 5 grams of protein, slamming counsel for "flooding" the docket with "entirely unnecessary" motions and warning she'll sanction them if their conduct continues.
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September 03, 2024
Paul Newman's Daughters Must Lose IP Suit, Charity Says
Two daughters of late Hollywood actor and philanthropist Paul Newman lack standing to pursue a Connecticut state court lawsuit that accuses their father's charity of failing to provide certain funds for donations and misusing his publicity and intellectual property rights, the organization said in seeking summary judgment.
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September 03, 2024
3rd Circ. Preview: Starbucks Firing, Liquor Law In September
Two National Labor Relations Board cases grace the Third Circuit's September session, when panels will probe the agency's suits against Starbucks Corp. for firing Philadelphia workers attempting to unionize and a plastic company accused of firing a safety whistleblower.
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September 03, 2024
Simplot Wins Fry Design Patent Trial, Gets $0 In Damages
After a seven-day trial in Idaho federal court, a jury found that McCain Foods USA Inc. willfully infringed its frozen french fry rival J.R. Simplot Co.'s design patent and that McCain Foods' own fry design patent was invalid, but also found that J.R. Simplot should not collect any damages from the infringement.
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September 03, 2024
4th Circ. Affirms Father-Son Duo's COVID Fraud Conviction
The Fourth Circuit on Tuesday refused to walk back the convictions of a father-son duo who were found guilty of fraudulently obtaining $1.7 million in COVID-19 relief funds, finding there was sufficient evidence to bolster the guilty verdicts and the trial court did not otherwise make a mistake in allowing their prior counsel to be questioned at trial.
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September 03, 2024
Landlord's Insurer Says Other Carrier Must Cover Death Suit
The insurer of a New Jersey restaurant must provide additional insured coverage to the restaurant's landlord in an underlying wrongful death suit, a Travelers unit told a federal court, saying Travelers shouldn't be the one to foot the bill for the landlord's defense costs.
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September 03, 2024
NFL Sunday Ticket Subscribers Appeal $4.7B Verdict Reversal
The subscribers to the NFL's Sunday Ticket broadcast package whose $4.7 billion class action jury award was thrown out and antitrust claims erased by a federal judge last month are appealing the rulings to the Ninth Circuit.
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September 03, 2024
Sprouts Fired Worker For Reporting Harassment, Suit Says
A former employee at an Atlanta-area Sprouts Farmers Market hit the grocery chain with a lawsuit alleging she was unlawfully fired for complaining about harassing comments a co-worker repeatedly made about her sexuality.
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September 03, 2024
Feds Float 650% Antidumping Duty On Chinese Paper Plates
The U.S. Department of Commerce previewed antidumping tariffs exceeding 650% on paper plates from nearly two dozen Chinese companies that refused to cooperate with U.S. officials investigating claims that the products are being dumped in the U.S.
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September 03, 2024
Pot Co. Stiiizy Hit With New Lawsuit Over High-Potency Wares
California cannabis giant Stiiizy has been accused again of marketing dangerous, high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in a user who brought a product liability and fraud suit in Los Angeles state court.
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August 30, 2024
Expert Doesn't Back Certain Tribal Fishing Rights, Judge Says
A Washington federal judge has granted the Upper Skagit Indian Tribe's bid to amend his earlier order questioning whether the Stillaguamish Tribe had ever fished in certain saltwater near Puget Sound, ruling after examining expert testimony in the tribes' fishing rights battle that historical evidence fails to show that Stillaguamish ever caught sea life there.
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August 30, 2024
Calif. Legislature OKs Ban On 6 Food Dyes In Public Schools
California's State Legislature on Thursday passed the nation's first-ever bill aimed at banning public schools in the state from serving foods to children that contain Red 40 and other synthetic food dyes, sending the law to the governor's desk.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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August 30, 2024
Missouri Ban On Some Psychoactive Foods To Hit Sept. 1
Missouri Gov. Mike Parson's ban on consumables "containing psychoactive cannabis products" will go into effect Sunday, according to an announcement by state health regulators.
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August 30, 2024
Employment Authority: Teamsters Targets Key Amazon Hub
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on an ambitious union drive at an Amazon air facility in Kentucky that could change labor's lack of success with the online retail behemoth, how a post-Chevron landscape led to the death of a U.S. Department of Labor tip rule, and mistakes that employers should avoid when placing workers on performance improvement plans.
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August 30, 2024
Harris Admin Would Stay Course On Tough Antitrust Policy
Just two days after food and candy giant Mars announced its blockbuster $35.9 billion Kellanova purchase, Vice President Kamala Harris's campaign indicated plans to “crack down” on mergers between large food companies. That would differ significantly from another Trump presidency, which could see a generally more relaxed antitrust environment. Here, Law360 explores anticipated policy differences between the two.
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August 30, 2024
The Top In-House Hires Of August
Legal department hires over the last month included high-profile appointments at Target, Cigna and Estée Lauder. Here, Law360 Pulse looks at some of the top in-house announcements from the last full month of summer.
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August 30, 2024
Mich. Supreme Court Shuts Down COVID Closure Suits
Michigan's top court turned away gyms and food-service businesses seeking payment for state-imposed closures and restrictions on their businesses during the COVID-19 pandemic, rejecting the businesses' appeals Friday.
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August 30, 2024
Inaccurate TransUnion Report Ended Job Chances, Suit Says
A TransUnion unit that sells background checks was hit with a federal lawsuit in Texas accusing it of wrecking an applicant's employment prospects at Chick-fil-A by incorrectly reporting he had misdemeanor convictions for cannabis possession.
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August 29, 2024
DOL, Miss. Fishery Reach Deal To End Suit Over Wage Probe
The U.S. Department of Labor and a Mississippi fishery asked a federal judge on Thursday to sign off on a settlement in a suit accusing the fishery of interfering with a DOL wage investigation by threatening to physically harm workers and have them deported if they cooperated, referring to the claims in the deal as a "misunderstanding."
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August 29, 2024
Starbucks Overpromised On 'Reinvention' Plan, Investor Says
Coffee chain Starbucks faces a proposed investor class action alleging it misled the markets about prospects for its so-called Triple Shot Reinvention strategy, hurting investors after trading prices for its shares slid when it announced disappointing quarterly results in April 2024.
Expert Analysis
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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A Rainbow Of Lessons From Fruity Pebbles' TTAB Loss
The Trademark Trial and Appeal Board’s January decision to deny Post Foods' bid to register a trademark on its Fruity Pebbles cereal brand underscores the importance of the interplay among mark description, mark drawing and goods identification when seeking protection for trade dress, say Troy Viger and Jenevieve Maerker at Finnegan.
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Assessing FDA Pathways For Genome-Edited Plant Foods
The U.S. Food and Drug Administration's recent clarification of the regulatory pathways for foods produced from genome-edited plants seeks to strike a balance between public health and innovation, and may hold broader significance for developers of novel human foods subject to voluntary notification programs, say Emily Marden and Diane McEnroe at Sidley Austin.
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TTAB Ruling May Broaden Alcohol Trademark Analysis
A February U.S. Trademark Trial and Appeal Board decision that wine is inherently related to bars and cocktail lounges for trademark protection purposes appears to broaden the scope of exclusivity, highlighting that the more similar the marks, the less related the products must be for the TTAB to refuse registration, says William Borchard at Cowan Liebowitz.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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CSA Case Could Shift Intrastate Commercial Cannabis
In Canna Provisions v. Merrick Garland, cannabis companies argue that the Controlled Substances Act is unconstitutional as applied to intrastate commercial cannabis activity; the Massachusetts federal court's eventual decision will be important to the cannabis industry for several reasons, including that the threat of federal enforcement would disappear overnight, says Hilary Bricken at Husch Blackwell.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Preempting Bottled Water Microplastics Fraud Claims
Food products like bottled water are increasingly likely to be targets of consumer fraud complaints due to alleged microplastics contamination — but depending on the labeling or advertising at issue, the Federal Food, Drug, and Cosmetic Act can provide a powerful preemption defense, say Tariq Naeem and Brenda Sweet at Tucker Ellis.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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The Challenges Of Measuring Harm In Slack-Fill Cases
A recent California federal court partial class certification ruling was a rare victory for plaintiffs in a case over slack-fill empty space in packaged products, indicating that damages arguments may be important at the certification stage, say Sushrut Jain and Valentina Bernasconi at Edgeworth Economics.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.