Food & Beverage

  • October 23, 2020

    Anxious Shopper Can't Escape Mask Rules, Judge Says

    A Pennsylvania federal judge on Friday refused to block a grocery store's mandatory mask policy, holding a shopper claiming he can't wear a mask because of his anxiety hasn't shown that he can't just wear a face shield or order grocery delivery instead.

  • October 23, 2020

    Domino's Still On Hook For $9M For Driver-Caused Crash

    A Florida appeals court on Friday affirmed a $9 million verdict in a suit accusing a Domino's Pizza LLC driver of causing the death of a former firefighter and paramedic after a 2011 crash, saying there was sufficient evidence the company had day-to-day control over the driver's franchise.

  • October 23, 2020

    McDonald's Calls Black Franchisees' Racial Bias Suit 'Illogical'

    A putative class action accusing McDonald's of systematic discrimination against Black former franchise owners is illogical, largely time-barred, and based on speculation, the fast-food giant said in an Illinois federal court dismissal bid Friday.

  • October 23, 2020

    Ill. Venue Ruling Shows Value Of Analyzing Remote Work

    A recent Illinois Supreme Court venue ruling that centered on a home-based employee highlights the importance for employers to consider the potential ramifications of letting employees work remotely, experts say.

  • October 23, 2020

    9th Circ. Judge Doubts Monsanto's $25M Roundup Argument

    A Ninth Circuit judge appeared skeptical Friday of Monsanto's arguments that a $25 million judgment over Roundup's links to cancer must be overturned due to the Environmental Protection Agency's approval of the herbicide, saying a federal statute prohibits companies from using their herbicide registrations as a defense.

  • October 23, 2020

    Ex-Meatpacker Seeks Fees After Harassment, Bias Suit Win

    A former meatpacking plant worker wants Golden Valley Natural LLC to pay attorney fees on top of the damages a jury in Idaho federal court granted for her claims that the meat snacks company ignored her anti-white discrimination and sexual harassment complaints and forced her to quit.

  • October 23, 2020

    Farm Says DEA Destroyed $3M Worth Of Hemp

    U.S. Drug Enforcement Administration agents and local law enforcement seized and destroyed more than $3 million worth of lawfully grown hemp, mistaking it for marijuana, according to a lawsuit removed to California federal court Thursday.

  • October 23, 2020

    NLRB Must 'Explain' Separate Bargaining Units, DC Circ. Says

    The D.C. Circuit ruled Friday that the National Labor Relations Board can't ignore precedent that cuts against a decision allowing a Chicago hotel's staff to form separate bargaining units, telling the labor board it has to do a better job explaining its rationale.

  • October 23, 2020

    EPA Didn't Weigh Animal Harm Of New Fungicide, Suit Says

    Environmental and public health groups filed a Ninth Circuit challenge on Friday against the U.S. Environmental Protection Agency arguing that the government's approval of a new fungicide didn't consider how it would impact protected species.

  • October 23, 2020

    KB Gets OK For $96M Sale Of Supermarkets To Acme

    A New York bankruptcy judge Friday approved the sale of more than two dozen Kings Food and Balducci's supermarkets to grocery chain Acme Markets for $96.4 million, overriding concerns some creditors had with the purchase.

  • October 23, 2020

    JBS, Conagra Among Latest Wave Of OSHA Virus Fines

    Food processing giants JBS Group and Conagra Brands Inc. are among the latest companies slapped with fines by the U.S. Department of Labor's workplace safety arm related to COVID-19 violations, the Occupational Safety and Health Administration said Friday.

  • October 23, 2020

    Southern Seafood Cos. Challenge Trump On Farm Subsidies

    A trio of Gulf Coast seafood companies is slamming President Donald Trump's handling of the U.S.-China trade war, telling a Texas federal court the government heaped subsidies on farmers to win votes, hanging other industries out to dry.

  • October 22, 2020

    Domino's Driver Says Auto Reimbursement Falls Short

    A Domino's Pizza franchisee was hit with a proposed class and collective action Thursday in Kentucky federal court alleging its delivery drivers were left making less than the minimum wage under its "flawed" mileage reimbursement policy.

  • October 22, 2020

    Instacart Wins Bid To Arbitrate Courier's COVID-19 PPE Claims

    A San Francisco judge ordered an Instacart courier to arbitrate claims that the grocery delivery platform falsely advertised that workers would receive personal protective equipment amid the novel coronavirus pandemic, finding Thursday that the courier's claims fell under the Federal Arbitration Act and rejecting his bid for public injunctive relief.

  • October 22, 2020

    DC-Area Eateries To Pay $850K To End DOL Wage Dispute

    The operator of five D.C.-area restaurants has agreed to pay nearly $850,000 in damages and unpaid minimum and overtime wages to more than 200 employees following an investigation by the U.S. Department of Labor.

  • October 22, 2020

    Judge Says Ill. Pot Growers Have To Wait Longer For Licenses

    An Illinois judge on Thursday punted on a request that he order state marijuana regulators to immediately issue craft cannabis grower licenses delayed by the pandemic, pushing back a ruling on motions filed by a grower trade group by at least a month.

  • October 22, 2020

    Health Group Says Dollar Tree Sandwiches Contain Lead

    A health nonprofit is suing Dollar Tree Stores Inc. and one of its suppliers in California state court, alleging that breakfast sandwiches sold at the stores contain lead.

  • October 22, 2020

    Coronavirus Litigation: The Week In Review

    The nation's top court has upheld Pennsylvania's three-day mail-in ballot extension, a group of North Carolina restaurants are the first to win "physical loss" insurance coverage in court in light of state-mandated COVID-19 shutdowns, and CVS wants out of a suit challenging its claims to the effectiveness of its hand sanitizer.

  • October 22, 2020

    Ruby Tuesday Gets 2-Month Rent Payment Deferral In Ch. 11

    A Delaware bankruptcy judge on Thursday gave Ruby Tuesday a 60-day rent payment deferral after hearing that the casual dining chain has promised its landlords a cut of a retirement plan trust fund the company is seeking to claim to pay down its debts.

  • October 22, 2020

    Ill. Justices Boot Case Over Ohio Collision From Cook County

    A food manufacturer does not have to face litigation over a collision involving one of its trucks in Cook County, where its only connection is an employee who works remotely from his Chicago-area home, the Illinois Supreme Court ruled Thursday, while stressing its holding does not apply to all questions over employee home offices.

  • October 22, 2020

    Calif. High Court Won't Review $21M Monsanto Verdict

    The California Supreme Court has refused to hear appeals over a $20.6 million payout awarded to a former school groundskeeper after a jury found Monsanto Co.'s Roundup weedkiller caused his cancer.

  • October 22, 2020

    Nonprofits Tell Justices Nestle, Cargill Liable For Child Slavery

    Law professors, former government officials and nonprofits urged the U.S. Supreme Court to rule that federal courts have authority over claims by residents of Mali that cocoa suppliers for Nestlé and Cargill forced them into slavery, arguing that U.S. companies are liable for overseas human rights abuses.

  • October 21, 2020

    NYC Eatery Asks 2nd Circ. To Block Cuomo's 'Food Curfew'

    A New York City eatery asked the Second Circuit on Tuesday to block New York Gov. Andrew Cuomo's rule forbidding New York City restaurants from serving dine-in customers after midnight, arguing there is neither a real nor substantial relationship between the restriction and the public health interest.

  • October 21, 2020

    Ex-Blue Bell President Faces New Listeria Cover-Up Charges

    A Texas federal jury indicted the former president of Blue Bell Creameries, marking the second time he's faced criminal charges that he attempted to cover up a deadly 2015 listeriosis outbreak linked to the ice cream maker's products, the U.S. Department of Justice announced Wednesday.

  • October 21, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Staffers in New Jersey Gov. Phil Murphy's office became the latest high-profile government workers to test positive for COVID-19 over the past week, just as the Garden State, New York and Connecticut added states to their joint pandemic travel advisory list.

Expert Analysis

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Employer Compliance Reminders As FCRA Class Actions Rise

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    Contrary to predictions of a slowdown following the U.S. Supreme Court’s 2016 Spokeo ruling, Fair Credit Reporting Act class actions targeting the hiring process are accelerating under new theories of liability, but employers can avoid becoming a target with routine form audits and background check vendor scrutiny, say attorneys at Hunton.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • Vaping And COVID-19: Plausibility And Causality

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    A plausible correlation between vaping and increased COVID-19 risk has already led to liability claims against e-cigarette manufacturers — but it is unclear whether plaintiffs will be able to prove causality, say attorneys and a scientific adviser at DLA Piper.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • No-Poach Antitrust Standard Unclear In Franchising

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    The U.S. Department of Justice and federal courts have taken conflicting stances on whether no-poach agreements between franchisors and franchisees are anti-competitive, and there are certain strategies plaintiffs and defendants should consider when navigating ambiguities in the law, say William Reiss and Matthew Geyer at Robins Kaplan.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Opinion

    SBA Change-In-Ownership Guidance Highlights PPP Flaws

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    The lack of clarity in the U.S. Small Business Administration's recent guidance on Paycheck Protection Program requirements for borrowers undergoing ownership changes is an example of how changing the pandemic relief program's rules on the fly could leave borrowers confused and potentially economically vulnerable, says Christine Price at Moritt Hock.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • What Ohio COVID-19 Liability Shield Means For Employers

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    Because a new Ohio law that shields businesses from civil liability related to COVID-19 provides narrow protections, employers should continue to follow Occupational Safety and Health Administration, state and local guidance to demonstrate reasonable protective measures, says Jeffrey Smith at Fisher Phillips.

  • NY Employers Must Prepare For New COVID-19 Closures

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    Following new business closure requirements targeting areas of New York with clusters of COVID-19 cases, employers should continually monitor the varying levels of restrictions, prepare communications to affected employees, and review workers’ potential leave entitlements, say Leni Battaglia and Daniel Kadish at Morgan Lewis.

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