Food & Beverage

  • February 12, 2024

    Justices Asked To Ignore 'Unremarkable' McDonald's Ruling

    Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.

  • February 12, 2024

    Data Flaws Justify Penalty Malaysian Bag Duties, Court Rules

    The U.S. Court of International Trade on Monday backed antidumping duties on Malaysian plastic bags, scrapping an importer's claims that the U.S. Department of Commerce had inconsistently penalized it for discrepancies with its production data.

  • February 12, 2024

    EPA Scientist Rips Fluoride IQ Links As 'A Lot Of Uncertainty'

    A U.S. Environmental Protection Agency scientist testifying in a California federal bench trial Monday over fluoride's risks criticized studies showing links between fluoride exposure and IQ drops, saying repeatedly there's "a lot of uncertainty" regarding the studies' data and the "evidence is weak."

  • February 12, 2024

    Farmworkers Union Fights Bid To Stop NY Ag Law

    The United Farm Workers urged a New York federal judge to let the union intervene in a dispute over a state law covering protections for agriculture workers, arguing an agricultural organization and family-run farms made claims that implicated the union in their suit to block the law's enforcement.

  • February 12, 2024

    China Tariff Expansion Not Duty 'Modification,' Fed. Circ. Told

    The Trump administration knowingly disregarded statutory language allowing tariff "modifications" when it enlarged duties covering Chinese goods from $50 billion to over $300 billion, importers challenging the program said in a Federal Circuit brief Monday.

  • February 12, 2024

    Shepherd's Death Halts Round-The-Clock H-2A Pay Case

    A case on whether Nevada state law requires foreign shepherds working through the H-2A temporary visa program to be paid round-the-clock wages was put on hold Monday after the Western Range Association said the plaintiff had died.

  • February 12, 2024

    Delta Overserved Alcohol To Man Who Killed Wife, Suit Says

    The estate of a woman who died after her intoxicated husband inadvertently hit her with a car is suing Delta Air Lines, claiming the carrier overserved him alcohol on one of its flights, according to a complaint removed to Utah federal court on Friday.

  • February 12, 2024

    Fla. Van Gogh Café Sued Over Artist's Name In Tea Products

    A Van Gogh exhibition has urged a New York federal judge to issue a declaration that it is not infringing a Florida café's trademark for a tea product in the artist's name, saying in a lawsuit that the business' rights are weak and consumers are unlikely to be confused.

  • February 12, 2024

    Bioenergy Cos. Beat Ohio Towns' Ammonia Emissions Suit

    An Ohio federal judge on Monday dismissed a Clean Air Act citizen lawsuit filed by two Ohio communities against a pair of bioenergy companies for allegedly polluting the air with ammonia emissions, reasoning the state Environmental Protection Agency already sued the companies.

  • February 12, 2024

    $1M Alcohol Spill Coverage Suit Not Federal Case, Co. Says

    A packaging company being sued by its insurer after expired alcoholic beverages seeped into a warehouse floor, causing more than $1 million in damage, told a Tennessee federal court it should toss the suit because it lacked jurisdiction.

  • February 12, 2024

    Energy Drink Co.'s Ch. 11 Stayed As Ex-CEO Seeks Tax Docs

    A Florida bankruptcy judge has stayed the Chapter 11 case of the company that makes Bang energy drinks while its founder and former CEO waits for the Internal Revenue Service to provide tax documents linked to a PepsiCo transaction that were previously denied from him by the court.

  • February 12, 2024

    EBay Not Sold On Feds' Illegal Goods Suit

    EBay Inc. has told a New York federal judge that the federal government's lawsuit accusing it of facilitating the sale of products in violation of environmental laws would bring about an "unprecedented expansion" of the statutes' power if the claims are allowed to proceed.

  • February 12, 2024

    Sazerac Hits Rival With TM Suit Over Coffee-Flavored Vodka

    Alcoholic spirits giant Sazerac Brands LLC hit a Milwaukee-based liquor company with a trademark infringement lawsuit over the branding of coffee-flavored vodka, saying the liquor was sold under its "Grind" mark without authorization.

  • February 12, 2024

    Farm Wins Bid To Change H-2A Workers' Season

    A U.S. Department of Labor appeals board judge reversed a certifying officer's denial of a Kentucky farm's H-2A application for four temporary workers, finding the farm had justifiably changed the workers' duties and therefore its period of need from previous years.

  • February 12, 2024

    Michigan Eatery Fails To Justify Need for Foreign Temp Cooks

    A U.S. Department of Labor appeals board backed a department decision denying a Michigan restaurant's bid to temporarily hire cooks from Senegal, saying the restaurant failed to show any temporary event or circumstances that would merit a bigger workforce.

  • February 09, 2024

    9th Circ. Judge Doubts Continued Role In Tribal Fishing Fight

    A Ninth Circuit judge on Friday questioned whether federal courts' 50-year stretch of close supervision of Washington tribal fishing rights was too long, in a case involving the Stillaguamish Tribe of Indians' dispute with several other tribes involving fishing territories in coastal waters.

  • February 09, 2024

    Brown Prof Testifies That Fluoride IQ Studies Have Gaps

    A Brown University epidemiologist testified Friday on behalf of the U.S. Environmental Protection Agency in a bench trial over fluoride's risks Friday that there are data "gaps" in studies linking fluoride exposure to lower IQ, while acknowledging under cross-examination that he hadn't reviewed studies assessing the effects of high-dose fluoride exposure.

  • February 09, 2024

    Mass. Lobstermen Say Feds Used Bad Data To Close Waters

    Lobster fishermen in Massachusetts filed suit Friday challenging the latest move by the federal government to close a swath of ocean to protect endangered North Atlantic right whales, saying officials relied on faulty doomsday assumptions about the risk to the species.

  • February 09, 2024

    Wakefern Food Can't Avoid Suit Over Graham Crackers' Label

    Supermarket chain Wakefern Food Corp. must continue to face claims in a putative class action brought by consumers claiming it falsely advertised its graham crackers as whole grain, a New York federal judge has ruled.

  • February 09, 2024

    Pike Place TM Suit Dismissed Following Seattle Settlement

    A Washington judge tossed a trademark infringement case between a popular Seattle fish stand and its landlord after the two parties came to a settlement agreement over claims that the stand had infringed the "Pike Place" mark through the sale of packaged smoked salmon.

  • February 09, 2024

    Costco Sold Listeria-Contaminated Chicken Wraps, Suit Says

    A customer who alleges he fell ill and was hospitalized after eating chicken wraps contaminated with listeria that he bought from Costco filed a putative class action against Costco and two food manufacturers in Florida federal court Friday, asserting claims for negligence and unfair trade practices.

  • February 09, 2024

    Industry Groups Call For Wider Effort To Stop Houthi Attacks

    More than 100 industry groups are calling for more governments to support military efforts to stop attacks on commercial vessels in the Red Sea by Yemen's Houthi rebels, which they said have disrupted at least $80 billion in cargo in recent months.

  • February 09, 2024

    DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law

    The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.

  • February 09, 2024

    ITC Says Foreign Glass Wine Bottles Seem To Be Hurting US

    All commissioners of the U.S. International Trade Commission voted Friday that wine bottles from Chile, China and Mexico are seemingly hurting the U.S. industry by way of unfair prices and subsidies by the Chinese government.

  • February 09, 2024

    Pea Protein From China Faces Early Duties Up To 280%

    Pea protein from China may face anti-dumping duties of between 122% to 280.31% based on preliminary findings of the U.S. Department of Commerce's investigation into whether the China-origin split pea extracts are being dumped into the U.S. at unfairly low prices.

Expert Analysis

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Trends Shaping The 2024 Consumer Packaged Goods Industry

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    The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

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