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Food & Beverage
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April 23, 2025
Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit
The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.
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April 23, 2025
GoodRx Beats Investor Suit Over Kroger-Linked Biz
GoodRx Holdings Inc. has escaped a proposed shareholder class action alleging it concealed from investors the indispensability of its relationship with Kroger, according to an order signed by a California federal judge who said the suit does not show GoodRx knew Kroger had plans to renegotiate its contracts.
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April 23, 2025
Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.
Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
No Trade Secret Trial Do-Overs In Chocolate Moonshine Suit
A Pennsylvania chocolatier and her company can't get second chances in a lawsuit accusing them of stealing a rival and former spouse's recipe for Chocolate Moonshine fudge, after a federal judge ruled Tuesday that her ex had proved the value of his secret recipe and the court had not harmed the defense's case by blocking discussion of their divorce.
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April 23, 2025
Saladworks Operator Must Face Worker's Unpaid OT Suit
A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks cannot escape a proposed collective action accusing it of misclassifying assistant managers as overtime-exempt, a federal judge ruled Wednesday, rejecting the company's argument that there aren't enough assistant managers to support a collective.
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April 22, 2025
Ga. Woman Gets 12 Years In $156M FEMA Fraud Case
A Georgia woman convicted of defrauding the Federal Emergency Management Agency in a case involving nearly $156 million in fraudulent contracts related to Hurricane Maria relief has been sentenced to 12 years in prison.
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April 22, 2025
Temp Workers Sue Fresh Express Over Alleged Safety Hazards
Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.
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April 22, 2025
Tivity Health Denied Win In Suit Over Nutrisystem Buy
Health program company Tivity Health was largely denied a summary judgment win over investors who sued the company over its troubled $1.3 billion purchase of Nutrisystem, according to an order from a Tennessee federal judge who ruled Tivity's duty to disclose certain information is still debatable.
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April 22, 2025
Dunkin' Unit Beats Disability Bias Suit Over Nondairy Milk Fees
A California federal judge dismissed a lawsuit from lactose-intolerant customers accusing a Dunkin' Donuts unit and its franchisees of disability discrimination for charging extra for nondairy milk, ruling Monday that because the surcharge applied to all customers it didn't violate the Americans with Disabilities Act or a state law against discrimination.
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April 22, 2025
MoFo Adds Perkins Coie FDA Regulatory Leader In DC
Morrison Foerster LLP has hired a former Perkins Coie LLP leader who focuses his practice on a range of regulatory matters involving the U.S. Food and Drug Administration as its new head of food and regulatory, the firm announced Tuesday.
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April 22, 2025
Save Mart Reaches $20.5M Deal On Nonunion Retiree Benefits
California-based Save Mart Supermarkets will pay about $20.5 million to escape a suit from workers who alleged the company unlawfully revoked a monthly health reimbursement that it promised to nonunion retirees and their spouses for life, according to a proposed deal filed in federal court.
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April 22, 2025
Dunkin' Manager Says He Was Asked His Age, Then Fired
A former district manager for the nation's largest Dunkin' independent franchise operator said he was fired two weeks after getting out of the hospital for a chronic medical condition, and just hours after his supervisor asked him his age.
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April 21, 2025
7th Circ. Gives Costco Slip-And-Fall Suit A Second Life
The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.
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April 21, 2025
Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule
Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.
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April 21, 2025
FTC Accuses Uber Of Deceptive Subscription Practices
The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.
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April 21, 2025
Pot Company Once Allied With Influencer Wants Rehearing
A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.
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April 21, 2025
Neogen Selling Cleaners Biz To Kersia For $130M
Neogen Corp. said Monday it will sell its global cleaners and disinfectants business to Kersia Group for $130 million in cash, plus additional contingent consideration based on future performance.
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April 21, 2025
Conn. Utility Says Regulators Must Hear PFAS Class Case
Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.
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April 21, 2025
Eateries Owner Gets 3 Years For Tax, COVID Fraud
A restaurant owner who committed tax crimes and illegally collected more than $1.7 million in pandemic relief money was sentenced to more than three years in prison by a California federal judge, a fraction of the sentence urged by prosecutors who pointed to millions in cash hidden in his bedroom.
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April 18, 2025
Nitrous Companies Decline Liability For Misused Products
The companies behind nitrous oxide brand Galaxy Gas urged a Florida federal court to end a proposed class action filed by the family of a woman who died while inhaling their product, arguing that they can't be held liable for "reckless and illegal misuse" of their canisters.
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April 18, 2025
DOJ Accuses Uniform Supplier Of Dodging Customs Duties
The U.S. Department of Justice has slapped a fast food uniform supplier and its Chinese-based manufacturers with a complaint in California federal court, alleging they conspired to underpay customs duties owed on apparel imported from China.
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April 18, 2025
FTC's Southern Glazer's Pricing Case Preserved
A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.
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April 18, 2025
Ga. Woman Seeks Lower Sentence In $156M FEMA Fraud Case
A Georgia woman charged with taking $155 million in payments from the Federal Emergency Management Agency by fraudulently claiming she could supply self-heating meals to Puerto Rico in the wake of Hurricane Maria urged a federal court Thursday to sentence her to no more than 120 months in prison.
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April 18, 2025
Judge Sides With Wash. In NY Distillery's Sales Reg Challenge
A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.