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Food & Beverage
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March 28, 2025
Grocery Vendor Gets $3M In Atty Fees In Bony Chicken Case
A Washington federal judge has awarded an Evergreen State grocery vendor about $3 million in attorney fees following its $10.5 million jury trial win in its case blaming a poultry producer for a lost chicken burger deal with Trader Joe's, acknowledging the "excellent work" of the plaintiff's counsel while stopping short of granting the full $4.5 million fee request.
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March 28, 2025
Judge Ends $400M Air Force Base PFAS Contamination Case
A Court of Federal Claims judge has dismissed a $400 million lawsuit from New Mexico landowners alleging that PFAS runoff from a nearby U.S. Air Force base contaminated their land, saying they hadn't shown any taking by the government.
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March 28, 2025
Kroger, Albertsons Appeal Block Of $24.6B Merger
Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.
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March 28, 2025
Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death
The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."
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March 28, 2025
NYC Margaritaville Ch. 11 Plan OK'd After Buffett Hit Played
A New York bankruptcy judge on Friday confirmed the Chapter 11 plan of the developer of the Margaritaville resort in Times Square, as he played the resort's namesake song during a hearing.
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March 28, 2025
Insurer Denied Early Win In $6.1M Cargo Loss Coverage Suit
A New York federal judge said there was too much controversy to hand an early win to a stone company in its case seeking coverage of a more than $6.1 million loss over marble destroyed by a snail infestation.
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March 28, 2025
Taxation With Representation: Norton Rose, Latham, Ashurst
In this week's Taxation With Representation, Dollar Tree sells its Family Dollar business to private equity firms, eye care company Alcon buys medical technology company Lensar and Ithaca Energy PLC buys the U.K. subsidiary of Japan Petroleum Exploration Co. Ltd.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
Trade Court Skewers ITC Over Secretive Redaction Policy
The U.S. Court of International Trade issued a stinging rebuke of the U.S. International Trade Commission Thursday, clarifying disclosure laws and accusing the quasi-judicial agency of being too protective of information it deems "confidential" in violation of basic transparency rules.
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March 27, 2025
Nuture Can't Escape Parents' Heavy Metal Baby Food Case
Nurture Inc. cannot escape consolidated class claims brought by parents who allege the baby food manufacturer hid the presence of toxic heavy metals in its Happy Family Organics products, a Manhattan federal judge ruled Wednesday.
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March 27, 2025
DC Judge Seems Open To Fired Inspectors' Reinstatement Bid
A D.C. federal judge on Thursday questioned whether it would make practical sense to reinstate eight inspectors general fired by President Donald Trump while signaling openness to the federal watchdogs' argument that the president must follow the legally mandated process before they can be terminated.
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March 27, 2025
Meta Gets Stiff-Armed On FuriosaAI Offer, And More Rumors
In a bold move that underscores the growing confidence and independence of artificial intelligence startups, FuriosaAI reportedly rejected an $800 million acquisition offer from Meta. Nvidia is also on the verge of acquiring Lepton AI, and Apollo is mulling a sale of Cox Media. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 27, 2025
Costco Settles Listeria-Contaminated Chicken Wrap Claims
Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
NC Biz Court Limits Testimony In Smithfield Coverage Trial
A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.
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March 27, 2025
3rd Circ. Says Pension Law OKs Suits To Enforce Settlements
A Teamsters pension fund can go after a bankrupt dairy business's affiliates for the $39 million that the business owes the fund under the terms of a settlement, the Third Circuit ruled Thursday, saying the fund has a viable cause of action under the Multiemployer Pension Plan Amendments Act.
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March 27, 2025
McCarter & English Faces DQ Bid In NJ Food Biz Dispute
A food industry executive has asked a New Jersey federal court to remove McCarter & English LLP as counsel for his opponents in a business dispute, arguing that the firm previously represented him in negotiating the contract at issue.
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March 27, 2025
Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit
Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.
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March 27, 2025
Panera Franchisee Blames Insurer For Slip-And-Fall Payout
A Massachusetts Panera franchisee said Travelers and its counsel botched a minor slip-and-fall claim, eventually leaving it on the hook for its full $250,000 deductible to cover an "inflated" settlement and legal fees in the case.
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March 27, 2025
Gastropub Chain Bar Louie Hits Second Chapter 11 In 5 Years
Texas-based gastropub chain Bar Louie filed for Chapter 11 protection in Delaware, listing nearly $70 million of debt, about five years after the chain sold itself to creditors in a previous bankruptcy.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Pepperidge Farm Can't Outswim Goldfish False Ad Suit
Pepperidge Farm can't escape a proposed class action alleging it falsely labels its Goldfish crackers as containing no artificial flavors or preservatives, despite citric acid being part of the ingredients list, after a New York federal judge said Wednesday the plaintiff demonstrated the statement could be deceptive to reasonable consumers.
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March 26, 2025
Mars Risk Exec Caught With Hand In Cookie Jar, Feds Allege
A former Mars Inc. subsidiary global price risk manager pled not guilty in Connecticut federal court Wednesday to multiple criminal charges alleging that he defrauded his employer out of more than $28 million to fund his lifestyle, including a $2.3 million Greenwich home and a ranch in Argentina.
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March 26, 2025
Judge Tosses Some Wage-Fix Claims Against Meat Packers
A Colorado federal judge on Wednesday ruled that plaintiffs alleging meat producers conspired to fix industry wages can't recover under certain claims for conduct that happened before January 2020, finding an amended complaint raised a new conspiracy for which the companies weren't on notice they could be held liable.
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March 26, 2025
Wings Restaurant Illegally Retains Tips, Server Says
Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.
Expert Analysis
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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.
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Why K-Cup Claims Landed Keurig In Hot Water With SEC
The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.