An Ohio federal judge Wednesday refused to throw out a proposed class action accusing the Kroger Co. and its subsidiaries of selling baby food tainted with toxic metals, ruling that the mothers who sued have plausibly alleged that they wouldn't have purchased the product had they known the truth.
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THURSDAY, MAY 9, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Kroger Must Keep Fighting Metal-Tainted Baby Food Claims

By Hailey Konnath

An Ohio federal judge Wednesday refused to throw out a proposed class action accusing the Kroger Co. and its subsidiaries of selling baby food tainted with toxic metals, ruling that the mothers who sued have plausibly alleged that they wouldn't have purchased the product had they known the truth.

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Blue Bottle Coffee Loses Suit Over 'Blue Brew' TM

By Adam Lidgett

A California federal judge has handed a loss to Blue Bottle Coffee LLC in its trademark infringement case against a company selling coffee gear and accessories using the phrase "Blue Brew," saying there wasn't any evidence that customers would be confused.

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​​​​​​​Farmworkers Union Says DOL's 2022 Rules Keep Wages Low

By Emily Brill

A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.

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Mass. Justices May Give Green Light To Tip Ballot Measure

By Julie Manganis

Massachusetts' high court justices appeared skeptical Wednesday of arguments by a group of restaurant owners seeking to kill a ballot question that, if approved, would gradually raise the minimum wage for tipped workers to the state's $15-per-hour standard.

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POLICY & REGULATION

In Final Memo, Blumenauer Eyes Path Forward For Cannabis

By Sam Reisman

Rep. Earl Blumenauer, D-Ore., a longtime champion of cannabis reform in Congress who plans to retire this year, is calling marijuana reform a "winning issue" for policymakers and outlined numerous actions both legislators and federal agencies can take to move the issue forward.

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Vietnam's Labor Issues Mar Bid For Market Economy Status

By Jennifer Doherty

Representatives from U.S. industry, organized labor, and human rights advocacy urged the U.S. Department of Commerce to reject Vietnam's bid for market economy status Wednesday, denouncing its track record on labor rights.

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LITIGATION

CBD Retailer Wants To Avoid Privacy Suit

By Jonathan Capriel

CBD retailer Charlotte's Web Inc. has urged a California federal judge to toss a woman's suit accusing it of secretly recording conversations of those who visit its website, saying the lead plaintiff didn't even use the allegedly wiretapped chat functions and therefore can't have been harmed.

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EXPERT ANALYSIS

Justices Clarify FAA But Leave Behind Important Questions

The U.S. Supreme Court's decision last month in Bissonnette v. LePage firmly shuts the door on any argument that the Federal Arbitration Act's Section 1 exemption is limited to transportation workers whose employers transport goods on behalf of others, but two major issues remain unresolved, say Joshua Wesneski and Crystal Weeks at Weil.

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8 Questions To Ask Before Final CISA Breach Reporting Rule

The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

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PE In The Crosshairs Of Public And Private Antitrust Enforcers

A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

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5 Climate Change Regulatory Issues Insurers Should Follow

The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

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Series

Swimming Makes Me A Better Lawyer

Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

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LEGAL INDUSTRY

Analysis

In Story Of Sex And Lies, Can Cohen Write Final Chapter?

By Phillip Bantz

The Manhattan District Attorney's Office has told a story of scandal and scheming to the jury in Donald Trump's criminal hush money trial, setting the stage for the prosecution's star witness to take the stand and wrap up the narrative.

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Ex-McElroy Deutsch CFO Cops To $1.5M Theft From Firm

By George Woolston

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer admitted Wednesday to embezzling more than $1.5 million from the firm and failing to pay income tax, New Jersey Attorney General Matthew J. Platkin announced.

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Lewis Brisbois Atty Fatally Shot In McDonald's Altercation

By Ryan Boysen

A Lewis Brisbois Bisgaard & Smith LLP attorney was fatally shot at a McDonald's in Houston after reportedly stepping in as a good Samaritan and attempting to calm down an irate customer who'd been arguing with staff at the fast food restaurant.

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Titan Of The Plaintiffs Bar: Lieff Cabraser's Kelly Dermody

By Irene Spezzamonte

A semester off from Harvard University in the late 1980s meant for reflection instead turned into a pivotal moment in Kelly Dermody's life, settling the roots for her successful career during which she has become a lighthouse for employment and discrimination cases.

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ABA Will Study Rape Questions' Necessity For Bar Applicants

By Cara Bayles

An American Bar Association commission will issue a report and recommendations by August on the practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

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ABA Directs Attys To Avoid Sharing Client Info On Listservs

By Emily Sawicki

It is in the best interest of clients for their legal counsel to avoid sharing information related to representation while seeking advice in an online listserv forum, if the comments or questions could be connected to a client's identity, according to American Bar Association guidance published Wednesday.

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Ga. Appeals Court Will Review Trump DQ Bid In Election Case

By Kelcey Caulder

The Georgia Court of Appeals on Wednesday agreed to review a judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the election interference case she brought against former President Donald Trump.

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Fani Willis Is Outraising Primary Challenger More Than 5 To 1

By Chart Riggall

Less than two weeks from the first hurdle in her bid for reelection, Fulton County District Attorney Fani T. Willis is boasting a​​ campaign war chest more than five times heftier than her Democratic challenger's, according to campaign finance disclosures filed this week.

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Biden Picks US Magistrate Judge In Fla. For 11th Circ.

By Courtney Bublé

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

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Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

By Rachel Scharf

A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

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NJ Justices Approve Measures For Helping Atty Well-Being

By Emily Johnson

The New Jersey Supreme Court has accepted several recommendations from its committee focused on attorney well-being, paving the way for the committee to examine how attorneys can briefly postpone court dates or possibly receive an extension to meet deadlines so they can handle pressing wellness needs.

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Legal Access Program Being Set Up For Separated Families

By Alyssa Aquino

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.

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Colo. Judges Urge Attys To Take On More Pro Se Cases

By Thy Vo

A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.

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COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Bar Association

American Federation of Labor & Congress of Industrial Organizations

American Securities LLC

Assa Abloy AB

Blue Bottle Coffee Inc.

Bumble Bee Foods LLC

Center for Justice

Charlesbank Capital Partners LLC

Charlotte's Web Inc.

Columbia Legal Services

Domino's Pizza Inc.

Exxon Mobil Corp.

Getty Images Inc.

GrubHub Inc.

Harvard University

JBS USA Holdings Inc.

L'Oreal SA

LinkedIn Corp.

Lion Capital LLP

Los Angeles Rams

McDonald's Corp.

National Association of Insurance Commissioners

New Jersey State Bar Association

New York University

RealPage Inc.

Sierra Club

Southwest Airlines Co.

Sunoco LP

The Geneva Association

The Goldman Sachs Group Inc.

The Kroger Co.

The Leadership Conference on Civil & Human Rights

The State University of New York

Thoma Bravo LLC

Trump Organization Inc.

U.S. Anesthesia Partners

Varsity Brands LLC

Walmart Inc.

Welsh Carson Anderson & Stowe

LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Axinn Veltrop

Barnard Iglitzin

Bradley Arant

Buchalter APC

Caldwell Carlson

Foley & Lardner

Ford O'Brien

Gibbons PC

Gibson Dunn

Griffin Durham

Hamberger & Weiss

Jenner & Block

Kantrowitz Goldhamer

Kelley Drye

Law Office of Timothy F. McGoughran

Lewis Baach

Lewis Brisbois

Lieff Cabraser

Markovits Stock

Mayer Brown

McDermott Will & Emery

McElroy Deutsch

Migliaccio & Rathod

Mintz Levin

Nelson Mullins

Outten & Golden

Pierson Law LLC

Pillsbury Winthrop

Robins Kaplan

Steptoe LLP

Tauler Smith

Trenam Law

Vorys

Weil Gotshal

Wheeler Trigg

Wiley Rein

Williams & Connolly

WilmerHale

Zuckerman Spaeder

GOVERNMENT AGENCIES IN TODAY'S NEWS

Commonwealth of Massachusetts

Executive Office of the President

Federal Trade Commission

Food and Drug Administration

Georgia Supreme Court

Manhattan District Attorney's Office

New Jersey Supreme Court

New York Attorney General's Office

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

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

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

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

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

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of New York

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

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

U.S. House of Representatives

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Nevada

United States District Court for the Southern District of Ohio