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Food & Beverage
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December 03, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
December's appellate forecast calls for a squall of showdowns in a tiny time period before the holidays, including arguments involving recent U.S. Supreme Court cases, Big Tech's patents and popular purveyors of health food. In addition, winds of change are swirling around the White House's litigation posture and judicial nominations, and we'll quiz you on the latter in this edition of Wheeling & Appealing.
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December 03, 2024
AIG Unit Seeks Payback For $2.9M BJ's Injury Payouts
An AIG unit asked a New York federal court to force another insurer to cover at least part of the $2.9 million it spent settling two construction injury suits after ironworkers fell off ladders while building a Brooklyn, New York, BJ's Wholesale Club in 2014.
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December 03, 2024
AmEx Loses Arbitration Bid Due To 'Ironic' Unpaid $17M Bill
A Rhode Island federal judge on Monday rejected sending a proposed antitrust class action over American Express Co.'s swipe-fee rules back to arbitration after the company refused to pay arbitration fees totaling $17 million, observing that AmEx's actions created its own "ironic dilemma: a credit card company not paying its bills."
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December 03, 2024
FDA Issues Guidance On Potential Infant Formula Shortages
The U.S. Food and Drug Administration has put forth draft guidance on how the country's infant food manufacturers should tell the agency about permanent or temporary stoppages in the making of infant formula, several years after an outbreak and a national shortage.
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December 03, 2024
Judge Trims Fraud Claims From Mead Johnson Formula Suit
An Illinois federal judge on Monday partially granted a bid by Mead Johnson to toss a class action alleging at least seven types of infant formula it sold contained undisclosed heavy metals, throwing out some warranty and fraud claims and claims related to products the lead plaintiff didn't purchase, but allowing the rest of the complaint to move forward.
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December 02, 2024
Philadelphia Accused Of Anti-Asian Liquor Law Enforcement
Groups representing Asian American and Arab American business owners claim the city of Philadelphia and Pennsylvania's Bureau of Liquor Control Enforcement are violating their rights with state and local ordinances cracking down on "stop and go" liquor establishments and convenience stores, which happen to be predominantly owned by racial minorities.
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December 02, 2024
Trial Begins In Trader Joe's Vendor's Fight With Poultry Supplier
Employees of a poultry producer cracked vulgar jokes about the quality of the meat while packaging raw chicken tainted with bone fragments, a Washington-state grocery store vendor told a federal jury on Monday, blaming the meatpacker for the demise of the Chili Lime Chicken Burgers previously made exclusively for Trader Joe's.
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December 02, 2024
McDonalds Can't Nix $10B Bias Suit Despite 'Close Call'
A California federal judge has refused to hand a summary judgment win to either party in Byron Allen's $10 billion lawsuit alleging that McDonald's Corp. discriminates against Black-owned media companies, finding that the discrimination allegations are a "close call" involving factual disputes that must be decided at trial.
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December 02, 2024
Judge OKs Fla. Law Firm's $229K Fee In Chiquita MDL
A Florida federal judge on Monday approved a fee of more than $229,000 to a law firm for its work in reaching a settlement in the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries following a recommendation from a magistrate.
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December 02, 2024
EPA Pitches Partial Ban On Food Crop Pesticide Chlorpyrifos
The U.S. Environmental Protection Agency announced Monday it is proposing a rule to revoke tolerances over the use of chlorpyrifos on foods, a year after the Eighth Circuit said the agency hurriedly instituted a ban and didn't fulsomely consider the possibility of allowing some beneficial uses to continue.
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December 02, 2024
DEA Asserts Its Role As Proponent Of Pot Rescheduling Plan
The Drug Enforcement Administration on Monday affirmed it was acting as the proponent of a proposal to loosen federal restrictions on marijuana, and the administrative law judge said supporters of rescheduling would not get an opportunity to cross-examine DEA witnesses.
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December 02, 2024
3 Firms Guide UAE Food Delivery App's Landmark $2B IPO
Shares in Talabat, a food delivery app based in the United Arab Emirates, are set to begin trading next week following a $2 billion initial public offering that marked the largest global technology IPO this year, under guidance from three law firms.
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December 02, 2024
Circle K Fights How Denver Counts Tobacco-To-School Span
The convenience store chain Circle K is suing Denver to challenge the city's application of a law requiring tobacco sales occur no closer than 1,000 feet from schools, alleging in a state court complaint that an erroneous approach to distance measurements will limit Circle K's ability to open new stores.
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December 02, 2024
Shipping Industry Braces For Waves Of New Trump Tariffs
After a holiday weekend marked by a fresh round of tariff threats from President-elect Donald Trump, the shipping and logistics industry is beginning to feel the heat, warning companies to prepare for massive upheaval if Trump follows through.
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December 02, 2024
Gibson Dunn-Led TreeHouse Foods Buys Tea Biz For $205M
Private brands snacking and drink manufacturer TreeHouse Foods Inc., advised by Gibson Dunn & Crutcher LLP, on Monday announced plans to buy Holland & Knight LLP-led Harris Tea for roughly $205 million.
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November 27, 2024
Starbucks, Baker Botts Partner Accused Of Defaming Inventor
An executive for a patent-licensing company that's pursuing infringement litigation against numerous restaurants over a patent that lets customers place mobile orders using a real-time menu that can make personalized suggestions accused Starbucks and its Baker Botts LLP attorney in a lawsuit Wednesday of making defamatory statements about him.
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November 27, 2024
Amazon Judge Says Appeal Too Soon In Ongoing Privacy Suit
A Washington federal judge has said he won't issue a final judgment to allow consumers to appeal his previous ruling tossing most of the claims in a suit alleging that palm scanners at joint Starbucks-Amazon stores violate biometric privacy law, because one of the plaintiffs has a remaining claim.
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November 27, 2024
Biden Administration Adds 65K Additional H-2B Work Visas
The Biden administration announced Wednesday that it has created a temporary rule to add 64,716 additional temporary H-2B work visas for the third year in a row to be doled out to businesses struggling with staffing issues.
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November 27, 2024
Kroger Inks $21M Deal With 47K Workers Over Pay Delay
Approximately 47,000 Kroger employees told an Ohio federal judge Tuesday they've reached a $21 million class action settlement with the grocery giant over claims it either failed to pay them or made inaccurate deductions from their wages after switching to a new timekeeping system that experienced a glitch in 2022.
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November 27, 2024
Bimbo Bakeries Denies Wrongdoing In Age Bias Suit
Bimbo Bakeries USA has denied all wrongdoing in its response to a former employee's suit alleging the company made up a reason to fire him just over a year before he was set to retire.
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November 27, 2024
Burger King Franchisee Can Tap AIG For BIPA Suit, Eventually
An Illinois federal judge ruled Tuesday that an AIG subsidiary has a duty to defend a Burger King franchisee in a suit brought by employees claiming its timekeeping practices violated Illinois' biometric privacy law, but only after the limits of all other insurance have been exhausted.
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November 27, 2024
Amid Claims Of Bias, DEA To Kick Off Historic Pot Hearing
The Drug Enforcement Administration's administrative law tribunal will hold a preliminary hearing Monday on the U.S. Department of Justice's proposal to relax restrictions on marijuana, kicking off a historic process that has already been marked by allegations of agency bias.
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November 27, 2024
Menendez Says Evidence Error Means Automatic New Trial
Former Sen. Bob Menendez told a federal judge Wednesday that it's "unavoidable" that he is owed a new trial after prosecutors' recent admission that they gave jurors evidence that had been excluded.
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November 27, 2024
Alcohol Council Says Trump Tariffs May Harm US Consumers
The Distilled Spirits Council of the United States expressed concern over President-elect Donald Trump's plans to impose tariffs on Canada and Mexico, two of its largest trading partners, ultimately hurting the American consumer.
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November 27, 2024
IP Atty, Wife Say Mich. Pot Co.'s Defamation Suit Is Too Old
A Montana intellectual property attorney and his wife have urged a Michigan federal judge to dismiss a cannabis company's lawsuit alleging the couple posted falsehoods about the business on social media and made false tips to Michigan cannabis authorities, arguing that the claims are time-barred.
Expert Analysis
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A View Into NY's New Business Interruption Insurance Law
In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.