Food & Beverage

  • April 18, 2024

    Coffee Bean Hit With ADA Suit Over Costly Milk Alternatives

    The Coffee Bean & Tea Leaf customers hit the coffee chain with a proposed class action Wednesday in California federal court, alleging it discriminates against people with lactose intolerance by requiring consumers to pay a surcharge for dairy-free alternatives.

  • April 18, 2024

    Commerce Chided For Not Explaining Itself In Catfish Cases

    The U.S. Court of International Trade has kicked the final decision in a 2019 review of catfish duties back to the U.S. Department of Commerce, saying the agency flubbed basic administrative law by failing to "show its work" amid crisscrossing claims.

  • April 18, 2024

    3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.

    A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.

  • April 18, 2024

    Mich. Supreme Court To Hear Jet's Pizza Settlement Appeal

    A woman arguing that her settlement with a Jet's Pizza delivery driver should not have snuffed out her vicarious-liability claim against the driver's employer will get a hearing before Michigan's highest court.

  • April 18, 2024

    $550K Fingerprint BIPA Deal Receives Ill. Judge's Initial OK

    An Illinois federal judge gave his early blessing Wednesday to a nearly $550,000 settlement between global food supplier Rich Products Corp. and hundreds of current and former employees who claimed the company illegally collected and used their scanned fingerprint data.

  • April 18, 2024

    Sugar Co. Urges 11th Circ. To Revive Helms-Burton Suit

    North American Sugar Industries Inc. asked the Eleventh Circuit Thursday to revive its suit accusing several companies that shipped wind turbines to Cuba of violating the Helms-Burton Act, saying the trial court erred in tossing its claims for lack of jurisdiction.

  • April 18, 2024

    Trade Court Says Gov't Must Redo Mexican Tomato Probe

    The U.S. Court of International Trade ordered the U.S. Department of Commerce to redo a decades-old investigation into Mexican tomatoes, saying officials couldn't update the probe with new information when they were called to resume the long-delayed review.

  • April 18, 2024

    FDA Head Gets GOP Rep.'s Rebuke Over Pot Rescheduling

    The Republican chair of a U.S. House of Representatives Appropriations subcommittee on Thursday chided the commissioner of the U.S. Food and Drug Administration for the agency's recommendation last year to loosen restrictions on marijuana.

  • April 18, 2024

    Saladworks Operator Misclassified Asst. Managers, Suit Says

    A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks misclassified its assistant managers as overtime-exempt even though they should have earned time-and-a-half wages for overtime hours, a former manager alleged in a proposed collective action filed in federal court Thursday.

  • April 18, 2024

    Kellogg Beats ERISA Suit Over Use Of Outdated Data

    A Michigan federal judge tossed litigation accusing Kellogg of shortchanging married retirees by relying on outdated life expectancies and interest rates when calculating their pension payments, agreeing with the company that the Employee Retirement Income Security Act doesn't require the data used to be reasonable.

  • April 17, 2024

    Tribal Groups Say Final Fish Harvesting Rule Violates NEPA

    Two Alaskan tribal organizations are asking a federal court to vacate a final groundfish harvest rule for the Bering Sea and Aleutian Islands, arguing that it fails to account for the rapid and unprecedented shifts in their ecosystems caused by climate change over the past two decades.

  • April 17, 2024

    Senate Scorn Suggests Election Strife For Biden On Trade

    Two White House announcements on Wednesday aimed at girding the U.S. industrial sector against Chinese competition did little to quell senators' frustrations over President Joe Biden's resolve to tackle unfair trade practices, adding pressure to Biden's reelection bid.

  • April 17, 2024

    Kraft Sued Over Lead Contamination In Lunchables

    Kraft has been slapped with a proposed class action over its popular Lunchables snack kits after independent testing of the kits allegedly found that they contained high, though legally allowable, levels of lead and other harmful substances.

  • April 17, 2024

    Wash. Winemaker Wants Insurers To Cover $30M Spoiled Wine

    A Washington state winemaker has launched a lawsuit against certain Lloyd's of London underwriters in state court, seeking coverage under a pair of insurance policies for more than $30 million worth of cabernet sauvignon that became too acidic to sell while being stored by another wine producer prior to bottling.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Trends Shaping The 2024 Consumer Packaged Goods Industry

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    The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    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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