Food & Beverage

  • February 14, 2020

    Domino's Eyes $2.6M Fees Over 'Baseless' Menu Patent Suit

    Domino's Pizza has told a California federal court that it is entitled to fees after beating an infringement suit lodged by the owner of several online menu patents, because of several alleged missteps including destroyed evidence, lies from the company’s president and “baseless” claims.

  • February 14, 2020

    Coke Buyers Get Partial Class Cert. In False Ad MDL

    A California federal judge certified six state classes Friday in multidistrict litigation accusing The Coca-Cola Co. of misleading buyers by claiming the soda contains no artificial flavors, but he denied certification to the classes' common law claims.

  • February 14, 2020

    Stonegate To Unload 42 Locations For £1.3B UK Pub Deal

    The U.K.’s competition watchdog on Friday accepted a proposed fix from Stonegate Pub Co. that will see it unload more than three dozen locations in order to move ahead with its planned £1.27 billion ($1.42 billion) purchase of rival pub owner Ei Group.

  • February 14, 2020

    Burger King Franchisee Names Ex-Mercedes-Benz Atty As GC

    Carrols Restaurant Group Inc., a major operator of Burger King and Popeyes, has named a vice-president at the research arm of Mercedes-Benz as its new general counsel, replacing a 19-year veteran with the company.

  • February 14, 2020

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen ING take Santander to court, a corporate consultant sue asset managers and Nationwide, among others, and two Lloyd's syndicates prime an insurance dispute with a Syrian bank. Here, Law360 looks at those and other new claims in the U.K.​​​​​​​

  • February 13, 2020

    Farmers Say Judge Conflicted In Syngenta Malpractice Row

    A group of corn farmers suing their former attorneys have asked the Kansas federal judge overseeing the proposed class action to step aside, saying that it is a conflict of interest for him to oversee the case after also presiding over the underlying multidistrict litigation against Syngenta AG.

  • February 13, 2020

    Hershey Wraps Suit Over Avid Twizzler Eater's Heart Condition

    Hershey Co. has settled a suit from a New York City man who claimed that eating hundreds of pounds of black licorice-flavored Twizzlers caused his heart condition, according to a New York federal judge who dismissed the case.

  • February 13, 2020

    Real Estate Rumors: Urban Edge, M&T Bank, Clayco

    Urban Edge Properties is reportedly paying $165 million for two Brooklyn properties, M&T Bank is said to have loaned $64.5 million for a Long Island multifamily project, and Clayco is reportedly close to a deal to pay roughly $60 million for a Chicago food processing plant.

  • February 13, 2020

    Bob Evans Ducks Suit Over 'Real Butter' Labels On Potatoes

    A New York federal judge on Thursday tossed a customer’s proposed class action against the makers of the Bob Evans brand of mashed potatoes, finding the product's "made with real butter" labeling isn’t rendered false by the presence of canola oil.

  • February 13, 2020

    Wis. County Appeals Tribal Zoning Decision To 7th Circ.

    A Wisconsin county is appealing a January ruling blocking it from enforcing its zoning ordinance on the Red Cliff Band of Lake Superior Chippewa Indians' members within the tribe's reservation, asking for a stay of the injunction until the Seventh Circuit can weigh in.

  • February 13, 2020

    Farm Giants Must Cough Up Docs In Canadian Antitrust Probe

    Canada's Competition Bureau has secured a court order that will allow it to demand documents from big-name insecticide manufacturers like BASF, Bayer-Monsanto and Cargill, as the watchdog investigates them for cartel behavior.

  • February 13, 2020

    US Cos. Wary Of China Deal's Dispute Settlement System

    The Trump administration championed a strong enforcement mechanism as the linchpin of the trade deal it signed with China last month, but a business group survey released Thursday revealed that many U.S. companies are reluctant to use the system to resolve disputes.

  • February 12, 2020

    Candy Buyer Asks 9th Circ. For Atty Fees In Slack-Fill Suit

    A woman who sued Tootsie Roll for allegedly underfilling boxes of candy urged a Ninth Circuit panel on Wednesday to reverse a lower court's decision denying her attorney fees, saying her lawsuit was a reason Tootsie Roll changed its product labels, while the company said she's just trying to cut her losses.

  • February 12, 2020

    Creditors Say Lucky's Market Sale Process Is Unfair

    Unsecured creditors told the Delaware bankruptcy court Wednesday that proposed sale procedures in the Chapter 11 of organic food store chain Lucky's Market include unfair provisions that will discourage competitive bidding and create an uneven playing field in favor of stalking horse bidders.

  • February 12, 2020

    Calif. Says Man's $78M Roundup Verdict Not Preempted

    California on Tuesday told a state appeals court that a man's claims that Monsanto's weedkiller Roundup gave him cancer are not preempted by federal law, which the company has given as a reason to overturn the former groundskeeper's $78 million award.

  • February 12, 2020

    Habit Burger Stockholder Sues Over $375M Yum Brands Buy

    A shareholder has sued The Habit Burger Grill following a recent announcement that Yum Brands will buy the fast-casual restaurant chain for $375 million, saying the transaction should be halted because Habit omitted material information in a U.S. Securities and Exchange Commission filing.

  • February 12, 2020

    Meatpacking Co. Beats Bias Suit By Black Employees

    An Iowa federal judge on Wednesday tossed a suit accusing pork producer Smithfield Foods of discriminating against three black employees at one of its meatpacking plants, including by denying them bathroom breaks, since they failed to show that bias was at the root of any alleged mistreatment.

  • February 12, 2020

    Morgan Stanley Accused Of Draining Tops Markets Dry

    The litigation trustee for the Tops Markets supermarket chain filed suit against former equity owner Morgan Stanley on Wednesday, telling a New York bankruptcy court that the firm drove Tops into Chapter 11 by treating the company as a "piggy bank."

  • February 12, 2020

    2nd Circ. Ends Repeat FLSA Suit Against Chinese Food Chain

    Shanghai City Corp. doesn't have to face a proposed collective action alleging it withheld overtime pay to workers at three of its New York City restaurants, the Second Circuit ruled, saying the Chinese restaurant chain had already been sued twice by the same employees for the same alleged wage violations.

  • February 12, 2020

    GrubHub Tells 7th Circ. Drivers Not Exempt From Arbitration

    GrubHub told the Seventh Circuit on Wednesday that wage-and-hour lawsuits brought by its food delivery drivers belong in arbitration, saying Congress wasn't seeking to protect "a local delivery person with a bag containing a sandwich and a bag of chips" when it created the Federal Arbitration Act's exemption for transportation workers.

  • February 11, 2020

    Customer Most Likely Slipped On Old Banana, Judge Says

    A Louisiana federal judge has ruled that the brownish slimy substance on which a grocery store customer slipped was likely an old banana that had been on the floor for a while but was not cleaned by the store, denying the grocery chain's bid to escape a slip-and-fall suit.

  • February 11, 2020

    Nuro Self-Driving Car's OK Sets Course For New Exemptions

    Technology and automotive stakeholders are hailing the federal government's first-ever blessing of a self-driving vehicle that will deliver food and packages, but experts say passenger-carrying autonomous vehicles will face sharper scrutiny before they can be developed without typical safety standards.

  • February 11, 2020

    Suit Says Arizona Beverage's Gummies Are Not 'All Natural'

    A New York resident has hit Arizona Beverage Co. with a proposed class action over its "all natural" gummy snacks, claiming the labeling amounts to false advertising because the gummies contain several synthetic ingredients.

  • February 11, 2020

    Farmers Slam Bid To Exit Syngenta-Linked Malpractice Suit

    A Kansas federal court should not allow seven law firms to exit a malpractice suit stemming from underlying multidistrict litigation with Syngenta AG, corn farmers involved in the case have contended, disputing the lawyers' contention that the farmers were never the firms' clients.

  • February 11, 2020

    Morton Can't Duck Deer Salt Lick Trade Secrets Suit

    Morton Salt Inc. can't escape claims that it deliberately squeezed a deer attractant producer out of their contract to make and sell its trademarked Mighty Deer Lick line, an Illinois federal judge ruled Tuesday.

Expert Analysis

  • Courts' Deference To DOL Joint Employer Rule Is Up In The Air

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    Employers should use the U.S. Department of Labor’s narrowed standard for determining joint employer status under the Fair Labor Standards Act as a guidepost until federal courts weigh in on whether and to what extent they will defer to the new rule, say Alexander Passantino and Kevin Young at Seyfarth.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • The Evolving Legality Of Lesser-Known Cannabis Compounds

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    As products using cannabigerol and cannabinol — cannabis compounds that are less well-known than THC and CBD — become more popular, understanding the legal differences under existing food and drug laws is crucial for companies marketing such products, says Ian Stewart of Wilson Elser.

  • 2nd Circ. Pension Liability Ruling Is A Big Win For Employers

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    In National Retirement Fund v. Metz Culinary Management, the Second Circuit recently held that the pension’s lower interest rate violated the Employee Retirement Income Security Act's withdrawal liability standards, which will benefit employers in an area of law that tends to favor funds, say Robert Perry and Todd Girshon of Jackson Lewis.

  • How International Trade May Play Out In 2020

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    Despite the tumult the Trump administration's actions have created in international trade, the president's attempt at long-term disruption of global markets is unlikely to be successful, says Peter Quinter at GrayRobinson.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • 5 Advertising Law Trends To Watch In 2020

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    This year, advertisers face a world increasingly sensitive to privacy and data use, consumers who have grown savvy to influencer marketing and product placement, new social media challenges, and regulators’ increased focus on cannabis marketing, say Jason Gordon and Casey Perrino of Reed Smith.

  • NY Saw Big Changes To Its Liquor License Laws Last Year

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    Legislators and regulators introduced several important changes to New York’s liquor license laws in 2019, all of which may have significant economic impacts on businesses that manufacture, distribute, sell or serve alcohol, says Jennifer Tsyn at Bond Schoeneck.

  • Rethinking Corporate Crisis And Litigation Communications

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    While conventional wisdom among attorneys may be that no response is the safest response during a corporate crisis, recent examples demonstrate the consequences of failing to share timely and relevant information with key audiences, says Aidan Ryan of Goldberg Segalla.

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