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Food & Beverage
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April 30, 2025
Fired Whataburger Worker's Bias Case Sent To Arbitration
A Georgia federal judge said Wednesday a Black and gay ex-Whataburger employee should have to arbitrate his claims that he endured racial and homophobic slurs on the job before being fired, saying he signed a valid agreement to handle employment-related disputes out of court.
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April 30, 2025
6th Circ. Skeptical Of Chili's 'Culture' Rationale For Firing
The Sixth Circuit appeared inclined Wednesday to revive an age discrimination case by a former Chili's restaurant manager, indicating that the restaurant's definition of "culture" — the reason given for his firing — has been hard to pin down.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
Philly Judge Under Fire For Promoting Wife's Cheesesteak Biz
Pennsylvania's judicial ethics board has accused a Philadelphia judge of using his position on the bench to promote a cheesesteak restaurant opened by his wife and named in honor of his late parents.
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April 30, 2025
Wine Tasting Death Suit Revived After Judge Rethinks Order
The estate of a woman killed in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked can pursue claims against a server and his employer, who were originally brought into the case as apportionment defendants, a state court judge has ruled after rethinking a prior decision.
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April 30, 2025
IHOP Franchisee Dodges Most Of Fired Server's Bias Suit
A North Carolina federal judge let an IHOP franchisee escape the bulk of a fired waitress's suit claiming she was propositioned for sex by a male manager and fired for complaining about it, ruling she had failed to put forward any corroboration about the alleged harassment to keep her claims in court.
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April 30, 2025
Unaccepted Offer Can't End Server's Tip Credit Suit
A Texas federal court ruled that it still had jurisdiction over a server's proposed collective action accusing a Houston-area restaurant of violating tip credit requirements, saying the worker has not accepted a $1,000 offer to end her case.
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April 29, 2025
FTC Defends John Deere Right-To-Repair Suit
Farm machinery-maker Deere & Co. is trying to get out of an FTC enforcement action using the same arguments that didn't help it escape multidistrict litigation accusing the company of breaking antitrust laws by restricting access to repair services, the government says.
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April 29, 2025
Sports Illustrated Owner Ends TM Row With Former Publisher
Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court.
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April 29, 2025
Pork Producers Want Ruling Tossed Over Clerk's Conduct
Pork producers and Agri Stats Inc., which are defending themselves against a major price-fixing suit, are calling on the Minnesota federal judge overseeing the case to recuse himself and vacate his recent rulings, accusing one of his clerks of having inappropriate relationships with plaintiffs' attorneys in a new filing this week.
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
DoorDash, Grubhub Settle Fee Cap Fight With NYC
DoorDash, Grubhub and Uber Eats have reached a settlement in a case accusing New York City officials of passing legislation that unconstitutionally capped fees the delivery apps could charge restaurants, prompting a federal judge to sign off on a joint stipulation and order Monday that stayed the matter pending final resolution.
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April 29, 2025
Ex-Pot Water CEOs Denied Bid For More Info In Stock Case
An Ohio federal judge on Tuesday denied bids by former CEOs of and others associated with American Premium Water Corp. for bills of particulars on an indictment alleging they manipulated the company's stock prices, finding the indictment gives them enough information to prepare their defenses.
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April 29, 2025
Judge Blocks Fla. Migrant Law, Wants Briefs On TRO Violation
A Florida federal judge on Tuesday issued a preliminary injunction blocking enforcement of a state law criminalizing the entry of unauthorized migrants and set a show cause hearing on whether the attorney general should be held in contempt for possibly violating the judge's temporary restraining order against the law.
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April 29, 2025
Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes
Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.
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April 29, 2025
Drinkers Not Vexed By Brand In 'Sea Of Tequilas,' 5th Circ. Told
A Fifth Circuit panel seemed hesitant to accept a U.S. tequila startup's argument that it was selling its product in a "sea of tequilas" that all have similar marks, questioning Tuesday whether its branding had enough similarities to an older Mexican brand called "Clase Azul" to confuse consumers.
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April 29, 2025
Dem Reps. Introduce Bill To Repeal Ban On Fed. Pot Studies
The co-chairs of the Congressional Cannabis Caucus on Tuesday introduced a bill to eliminate a portion of federal law blocking the Office of National Drug Control Policy from researching use of substances on Schedule I of the Controlled Substances Act.
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April 29, 2025
Union Pension Fund Wins $132M Bailout Suit At 2nd Circ.
A union pension fund won its multimillion-dollar dispute with the Pension Benefit Guaranty Corp. on appeal Tuesday, with the Second Circuit reversing a New York federal judge's 2023 decision that the PBGC was within its rights to reject the fund's 2022 application for $132 million in financial assistance.
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April 29, 2025
Boston Seafood Co. Says Salmon Exec Stole Trade Secrets
A former C-suite executive and head of salmon accounts at a Boston-area seafood distributor spent months emailing sensitive trade secrets from his work account to a Norwegian competitor before joining it to launch a rival business in the U.S., according to a federal lawsuit filed Tuesday.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 28, 2025
3rd Circ. Won't Rethink Teamsters Fund's Win In $39M Row
The Third Circuit won't give a group of dairy businesses a second chance to prevent a Teamsters union pension fund from suing them and their affiliates to enforce a $39 million settlement, the court announced Monday.
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April 28, 2025
Ex-Celsius VP Gets 13 Months In Prison For Insider Trading
A Florida federal judge sentenced Celsius Holdings Inc.'s former vice president and controller to more than a year in prison on Monday after the former executive of the energy drink company admitted to insider trading and using confidential financial information to acquire stocks and options, then sold them a month later for a profit.
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April 28, 2025
Judge In NY Dismisses Athlete's Suit Over Gatorade Gummies
A New York federal judge on Monday tossed a lawsuit lodged by a promising Texas-based sprinter alleging the Gatorade Co. supplied him with contaminated recovery gummies that led to his doping ban, saying lost endorsement opportunities were purely economic harm and not a personal injury.
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April 28, 2025
Ziploc 'Microwave Safe' Bags Shed Microplastics, Buyer Says
S.C. Johnson & Son Inc. falsely markets Ziploc bags and containers as "microwave safe" and suitable for use in freezers despite knowing they are made from materials that shed microplastics into food when the products are used as directed, according to a proposed class action filed in California federal court.
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April 28, 2025
High Court Takes On Removal Issue In Hain Baby Food Case
The U.S. Supreme Court will decide whether the erroneous dismissal of a defendant upon a case's removal to federal court warrants undoing the years-later final result, agreeing Monday to hear Whole Foods and Hain Celestial Group's bid to preserve a midtrial win over allegedly tainted baby food.
Expert Analysis
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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HHS Directive Could Overhaul Food Ingredient Safety Rules
If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.