Mead Johnson's head of nutrition testified Thursday in a trial over whether its preterm infant formula led to a newborn's serious and ultimately fatal gut illness, saying she had no reasons to worry about the product's safety but acknowledging it carries a higher risk for the disease than human breast milk.
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Mead Johnson Nutrition Head Defends Formula In MDL Trial

By Celeste Bott

Mead Johnson's head of nutrition testified Thursday in a trial over whether its preterm infant formula led to a newborn's serious and ultimately fatal gut illness, saying she had no reasons to worry about the product's safety but acknowledging it carries a higher risk for the disease than human breast milk.

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Krispy Kreme Must Face Claims Over McDonald's Rollout

By Sydney Price

A North Carolina federal judge has denied part of Krispy Kreme's motion to dismiss a securities class action alleging it overhyped its partnership with McDonald's, allowing several claims to proceed that were made after the company may have known the collaboration would not be as successful as previously stated.

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Albertsons Loses Bid For Midtrial Win In Wash. Opioid Case

By Ben Adlin

Albertsons can't escape the state of Washington's lawsuit accusing the pharmacy chain and its Safeway subsidiary of contributing to the state's opioid crisis, a state judge ruled Thursday in denying the company's bid to dismiss the case midtrial.

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Dems Want DOJ, FTC To Look At Sysco's $29B Jetro Buy

By Gina Kim

Two Democratic lawmakers called on the U.S. Department of Justice and the Federal Trade Commission on Wednesday to closely inspect Sysco Corp.'s plans to buy competitor Restaurant Depot LLC aka Jetro Restaurant Depot at a total enterprise value of $29.1 billion, warning in a letter the transaction could hurt independent restaurants, farmers and Americans who "are already facing an affordability crisis."

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Peeps TM Suit Hops Along But Rival's Candy Can't Be Blocked

By Dorothy Atkins

A New Jersey federal judge has rejected a bid to toss Peeps maker's trademark infringement suit against a rival candy maker, but he also refused to block the rival from selling bunny-shaped marshmallows, finding that it's unlikely consumers would be confused by the candies' different packaging.

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ENFORCEMENT

Mexico Growers Say US Erred In Not Revoking Tomato Duty

By Jack McLoone

The U.S. International Trade Commission based its determination not to revoke an antidumping duty on Mexican fresh tomatoes on faulty reasoning, a group of Mexican farm associations told the U.S. Court of International Trade, seeking a redo.

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LITIGATION

Faegre Drinker And Investor Trade Blame Over Depo Delays

By Andrea Keckley

Faegre Drinker Biddle & Reath LLP this week pressed its bid to strike expert witnesses proffered by a real estate investor claiming the firm gave bad advice about a deal to buy an A&P shopping center, saying it made nine unsuccessful bids over the last three months to schedule two witnesses.

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Health Co. Gets Partial Win In Suit Over $8.5M Food Tech Deal

By David Minsky

A Florida federal judge handed a partial win to a health information technologies services company and its board Thursday, tossing some claims that they cheated a Canadian business out of $8.5 million in equity after fraudulently inducing the sale of a subsidiary specializing in plant-based extrusion technology.

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Importer Duped NJ Distributor To Steal Grocery Biz, Suit Says

By Jack McLoone

An importer of Korean food products purposefully mischaracterized why it was ending a relationship with its longtime distributor to gain direct access to a popular grocery chain, a New Jersey business told a federal court, asking a judge to rescind the resulting deals.

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Grocers' Microcaptive Valid For Tax Benefits, 7th Circ. Told

By Zak Kostro

Chicagoland grocery chain owners' in-house insurance arrangement is a valid insurance transaction "and should be respected as such," they told the Seventh Circuit, saying their business should be allowed to claim microcaptive tax benefits to reduce its taxable income.

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Kratom Group Says DEA Order Could Snare Natural Wares

By Sam Reisman

A kratom trade group has asked a D.C. federal judge to find that a recent U.S. Drug Enforcement Administration rule change targeting certain kratom-derived compounds should not apply when those compounds naturally occur in the kratom leaf.

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Food Processor Says Tribe's Request Would Hinder Its Ops

By Susan Smiley

A Michigan produce processor fired back at a tribe's request that it stop releasing water into local wetlands, telling a federal judge Wednesday that even though it may have dumped untreated stormwater in the past, it's no longer in violation and that any restrictions would hurt its business.

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BANKRUPTCY

Salad Chain Gets OK For Lease Auction, New Ch. 11 Loan

By Rick Archer

A Texas bankruptcy judge on Thursday gave drive-thru chain Salad and Go permission to take out replacement Chapter 11 financing on new terms and put about 130 leases up for auction, including 65 originally slated for a $105 million private sale.

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EXPERT ANALYSIS

Class Actions At The Circuit Courts: August Lessons

In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

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Series

Taekwondo Makes Me A Better Lawyer

Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

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LEGAL INDUSTRY

Exclusive

Inside The $150M Immigration Contract That Wasn't

By Daniel Connolly

The leader of a small Houston-based law firm says she was "blindsided" by an announcement from the federal government that her 24-attorney shop had won a $150 million no-bid contract to represent thousands of immigrant children in deportation proceedings.

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ABA Faces Uphill Battle To Remain As Law School Accreditor

By Emma Cueto

The American Bar Association council responsible for accrediting law schools is fighting on multiple fronts to retain its status as a nationwide accreditor, fending off challenges at both the federal and state levels.

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Dems Say DOJ Opinion Aims To Foil Oversight Of White House

By Courtney Bublé

With midterm elections right around the corner, Senate Democrats are worried the new legal opinion from the U.S. Department of Justice could let the Trump Administration obstruct congressional oversight of the White House.

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Google Users' Atty Fee To Be In 'Realm' Of $147M, Judge Says

By Bonnie Eslinger

A California federal judge indicated Thursday that he won't give the full $147 million in fees sought by lawyers who won a $425 million class action verdict against Google for unlawfully collecting user information, but he said their "really excellent lawyering" deserves an amount "within that realm."

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Womble Bond Asks To Drop Dutch Software Client Over Rift

By Hayley Fowler

Womble Bond Dickinson is looking to pull its representation of a Dutch software company after five years of a bitter trademark battle, citing a "fundamental disagreement" that has allegedly made it impossible for the firm to move forward as counsel of record.

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COMPANIES IN TODAY'S NEWS

Abbott Laboratories

American Bar Association

American Economic Liberties Project

Anheuser-Busch Inbev SA/NV

BMW of North America LLC

Bridge Capital Holdings

Burke Inc.

California Western School of Law

GKN PLC

GateHouse Media Inc.

Google LLC

H Mart

McDonald's Corp.

Microsoft Corp.

Nasdaq Inc.

Pulmuone Co Ltd.

Rite Aid Corp.

Salad and Go

State Bar of California

Sysco Corp.

Texas Children's Hospital

U.S. Committee for Refugees and Immigrants

LAW FIRMS IN TODAY'S NEWS

Akin Gump

Baron & Budd

Berger Singerman

Blank Rome

Bochner PLLC

Boies Schiller

Cooley LLP

Covington & Burling

David Boies

DiCello Levitt

Ellis & Winters

Eversheds Sutherland

Faegre Drinker

Greenberg Traurig

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Klausner Kaufman

Law Office of Tracy Jane Andrews

Levin Papantonio

Levin Rojas

McHugh Fuller

McIntyre Thanasides

Morgan & Morgan PA

Norris McLaughlin

Ogden Murphy

Olson & Howard

Powell & Majestro

Reed Smith

Riker Danzig

Robinson Bradshaw

Saxena White

Shook Hardy

Silver Law PLC

Skadden Arps

Steptoe LLP

Susman Godfrey

Terpening Law

Varnum LLP

Williams & Connolly

Winton & Chapman

Womble Bond

GOVERNMENT AGENCIES IN TODAY'S NEWS

Executive Office of the President

Federal Trade Commission

Food and Drug Administration

Grand Traverse Band of Ottawa and Chippewa Indians

International Trade Commission

New Jersey Court

Texas Supreme Court

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of the Interior

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of West Virginia

U.S. District Court for the Western District of Michigan

U.S. Drug Enforcement Administration

U.S. Environmental Protection Agency

U.S. Government Accountability Office

U.S. Tax Court

United States District Court for the Southern District of Indiana

United States District Court for the Southern District of Ohio

Utah Insurance Department

Washington Attorney General's Office