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Food & Beverage
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August 26, 2025
Cert. In Pepperidge BIPA Action Sunk Over Counsel Conflict
An Illinois appellate panel on Monday reversed a trial court's order certifying a class of Pepperidge Farm workers bringing biometric privacy claims, saying it improperly allowed the law firm of the lead plaintiff's daughter to remain as class counsel.
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August 26, 2025
Brewer Can't Challenge Home Distilling Ban, US Tells 6th Circ.
A brewery owner who wants to make his own whiskey can't bring a suit challenging the tax code's prohibition on home distilleries because he hasn't shown that he's likely to start making spirits or that the government would come knocking if he does, the U.S. Treasury Department told the Sixth Circuit.
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August 26, 2025
Texas AG To Probe Heavy Metals In Baby Foods
The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.
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August 25, 2025
Major Food Cos. Beat Suit Over Selling Kids Addictive Foods
A Pennsylvania federal judge on Monday threw out a suit claiming that The Kraft Heinz Co., Nestle USA, General Mills and other major food companies are aggressively marketing highly addictive, ultra-processed foods to children, ruling that the plaintiff hasn't adequately alleged that he was harmed by the companies' products.
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August 25, 2025
NC Justices Serve State 2 Blows In Bars' COVID Closure Suits
The North Carolina Supreme Court served bars dual victories in lawsuits against the state Friday, finding that the businesses had colorable claims under the state's constitution that COVID-19 closures violated their fundamental rights, thus permitting the cases to unfold in state trial court.
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August 25, 2025
Kraft Sued Over Oscar Mayer Turkey Bacon Listeria Recall
A Kraft Heinz customer has filed a proposed class action in Florida federal court amid the company's recent recall of more than 367,000 pounds of Oscar Mayer brand of turkey bacon due to possible listeria contamination, claiming the company failed to disclose on its packaging that the products may be contaminated.
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August 25, 2025
Curaleaf Units Appealing $32M Pot Farm Verdict In 6th Circ.
Two Curaleaf units have turned to the Sixth Circuit in their effort to unravel a $32 million verdict over claims they breached their contract with a cannabis farm, the next phase in the already four-year-old legal battle.
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August 25, 2025
NC Woman Says Starbucks' Lid Design Led To Severe Burns
A North Carolina woman has claimed she suffered "severe burns" and permanent scarring when her Starbucks coffee lid "popped off without warning," spilling a hot Americano onto her lap, according to a product liability lawsuit recently removed to federal court.
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August 25, 2025
Co. Not Covered For $7.5M Crash Judgment, Insurer Says
A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.
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August 25, 2025
Campbell's Says CBA Sorted Out Donning Pay
Soup producer Campbell's told a New Jersey federal court Monday that a former filler operator failed to mention to the court that a collective bargaining agreement regulated her employment, including whether time spent donning and doffing personal protective equipment was paid.
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August 25, 2025
Judge Refuses To Bar NC BBQ Joint From Selling Sauces
A North Carolina federal judge has declined to block a chain of barbecue restaurants from selling its sauces and rubs through third-party retailers, saying the company that runs its sister restaurants had not shown that it will suffer irreparable harm without an injunction.
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August 25, 2025
Mariano's Managers Keep Collectives In OT Suit
Supermarket meat, bakery and deli managers can keep their collectives in place in their suit accusing Kroger subsidiary Mariano's of misclassifying them as overtime-exempt, an Illinois federal judge ruled, saying that certain discrepancies don't move the certification needle.
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August 25, 2025
MusclePharm Ex-CEO Pays $175K To End SEC Fraud Claims
A former CEO of supplements company MusclePharm Corp. will pay the U.S. Securities and Exchange Commission $75,000 and reimburse his former company $100,000 as part of an agreement ending the regulator's claims he failed to properly oversee the company's accounting and financial reporting, including by not reporting $231,000 worth of perks he received.
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August 25, 2025
3 Firms Steer $18.4B Keurig Dr Pepper, JDE Peet's Coffee Deal
Keurig Dr Pepper will acquire JDE Peet's in an approximately $18.4 billion deal that aims to create a "global coffee champion" through the combination of the Keurig brand single-serve coffee platform and JDE Peet's coffees, the companies announced Monday, with three law firms guiding the transaction.
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August 22, 2025
Golden Corral Restaurant Workers See Wage Suit Trimmed
A Virginia federal judge handed down a mixed ruling in a suit accusing several Golden Corral franchises and their owner of cheating restaurant employees out of wages, narrowing their claims under federal law and denying their class certification bids.
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August 22, 2025
Canada To Toss Tariffs On US Goods Under USMCA
The Canadian government will remove retaliatory tariffs on U.S. goods that comply with the United States-Mexico-Canada Agreement, excluding steel, aluminum and automobiles, in a move aimed at jump-starting trade talks akin to an exemption made by the U.S. government, Canada's prime minister said Friday.
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August 22, 2025
Stoli Offers Revised Ch. 11 Plan With Lender Backstop
Vodka maker Stoli Group USA on Friday told a Texas bankruptcy judge it has modified its plan to partially pay off its secured debt with liquor by giving the lender a partial real estate backstop, but that it still hopes to pay off much of the loan with barrels of unfinished bourbon.
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August 22, 2025
Panda Express Meal Caused Arterial Damage, Patron Says
A Virginia man is suing Panda Express, which calls itself "America's favorite Chinese restaurant," claiming that the chicken with noodles and mushrooms he ate caused him intestinal problems that required surgery and left him with lifelong injuries, according to a suit removed to North Carolina federal court.
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August 22, 2025
'Gorilla Mind' Energy Drink Can't Block Rival Amid TM Suit
A company that sells energy drinks and dietary supplements called "Gorilla Mind" lost its bid to block a rival from selling energy drink products with the word "Gorilla" while its trademark infringement suit plays out in California federal court.
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August 22, 2025
Saladworks Operator Reaches Settlement In Workers' OT Suit
A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks reached a settlement with a former employee to end a proposed class action accusing it of misclassifying assistant managers as overtime-exempt, according to a signed order issued in federal court.
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August 22, 2025
DC Circ. Rejects NM Ranchers' Bird Protection Challenge
The D.C. Circuit on Friday rejected New Mexico ranchers' challenge to the federal government's decision to preserve Endangered Species Act protections for a small, migratory songbird.
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August 22, 2025
Food And Beverage-Focused SPAC Eyes $100M IPO
AA Mission Acquisition Corp. II, a special purpose acquisition company targeting the food and beverage industry, filed plans with U.S. regulators to raise up to $100 million in its initial public offering.
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August 21, 2025
Amazon Bags Toss Of Grocery Delivery Fee Disclosure Suit
A Washington federal judge on Wednesday threw out a proposed class action that alleged the Amazon Fresh website waited too late in the checkout process to disclose delivery fees, saying the conditions of use on Amazon.com Inc.'s websites prevented a woman from lodging claims under California law.
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August 21, 2025
Houston Urges Texas Justices To Reject Pappas Contract Row
A lower appellate court got it right when it ruled that the city of Houston was shielded from a lawsuit over an airport concessions contract under the state's government code, the city told the Texas Supreme Court.
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August 21, 2025
Steakhouse Again Asks To Decertify Class In Conn. Wage Suit
A Connecticut state court's findings that a steakhouse at the Foxwoods Resort Casino was not liable for untipped work should have dismantled a class of tipped servers claiming unpaid wages, the steakhouse argued.
Expert Analysis
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Budget Act Should Boost Focus On Trade Compliance
Passage of the One Big Beautiful Budget Act, coupled with recent U.S. Department of Justice statements that it will use the False Claims Act aggressively to pursue trade, tariff and customs fraud, marks a sharp increase in trade-related enforcement risk, say attorneys at Debevoise.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.