Food & Beverage

  • February 05, 2024

    Military Store Service Sued For Not Prioritizing Blind Vendors

    A military base store service run by the U.S. Department of Defense was sued in Texas federal court Friday for allegedly violating laws prioritizing blind merchants for opportunities to operate vending facilities on military bases when it opened a Fresh Market and other shops, while removing machines owned by blind merchants.

  • February 05, 2024

    Workers Want $500K Fee Award From Defaulting Restaurateur

    Celebrity chef Mike Isabella's refusal to admit that he stiffed his former staff on wages forced worker-side attorneys to expend thousands of unnecessary hours in pursuit of a default judgment, workers told a Maryland federal court in a bid to secure nearly $500,000 in attorney fees and expenses.

  • February 05, 2024

    Restaurant Gets 'Mandatory' Wine-Tasting Death Suit Tossed

    A Connecticut judge threw out a lawsuit brought against a New Haven restaurant by the estate of a deceased worker who died following a "mandatory" wine-tasting event, ruling the eatery had no duty to get her a ride home rather than let her drive while intoxicated.

  • February 05, 2024

    Kraft Velveeta Shells Falsely Hype 'Real Cheese,' Suit Says

    Kraft Heinz has been slapped with a proposed class action in New York federal court accusing it of misleadingly promising consumers its Velveeta brand macaroni is "Made With Real Cheese," despite the product's non-macaroni ingredients being primarily made with lesser quality alternatives such as whey and canola oil. 

  • February 05, 2024

    Lawmaker Seeks Rice Probe, Suspects Unfair Subsidies Afoot

    The chair of the House Ways and Means Committee pressed the U.S. International Trade Commission to investigate the global rice market, expressing suspicions on Monday that overseas government assistance may be harming the U.S. rice sector.

  • February 05, 2024

    Smithfield Foods Taps Ex-Michaels, Wrigley Compliance Head

    Smithfield Foods Inc. said Monday it has recruited an in-house lawyer who has worked at high-profile brands such as Michaels Stores, Chiquita and Wrigley to serve as chief ethics and compliance officer.

  • February 05, 2024

    States, Businesses Push To Sink Feds' Amended WOTUS Rule

    Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.

  • February 02, 2024

    NYC Serves Up Final Rules For Permanent Outdoor Dining

    New York City on Friday released the final rules for its permanent outdoor dining program affecting restaurant owners in all five boroughs, as a group of 30 Manhattan residents in state court continue to oppose what they say is a "massive zoning change" that poses environmental risks.

  • February 02, 2024

    Monsanto Can't Wash Away Seattle's PCB Water Pollution Suit

    A Washington federal judge on Friday denied Monsanto's summary judgment bid in Seattle's complaint over polychlorinated biphenyl pollution in its waterways, ruling there are still significant factual disputes in play, including whether and to what extent PCBs traceable to Monsanto comprise the amount found in the city's water.

  • February 02, 2024

    Harvard Prof. Slams Study Showing IQ Gains From Fluoride

    A Harvard epidemiologist testifying Friday in a high-stakes bench trial over fluoridated water's risks criticized a study cited by the government that found fluoride exposure increases IQ by 24 points, saying the results "don't make sense," are "beyond the imagination" and must be based on erroneous data.

  • February 02, 2024

    McDonald's Eyes Exit In Byron Allen's $100M Black Media Suit

    Attorneys for Byron Allen's media companies on Friday urged a California judge to reconsider his tentative opinion to strike their lawsuit alleging McDonald's lied in pledges to spend more advertising money on Black-owned media, saying the court's stance that free speech laws may kill the suit needs "another look."

  • February 02, 2024

    'Slow Lawyering' Shouldn't Punish Clients, Mich. Judge Says

    A Michigan federal judge on Friday set aside default judgments against two farming companies named alongside other farms in a suit alleging they trafficked Mexican migrant farmworkers, saying he didn't want to punish clients for their lawyers' tardy response to the case.

  • February 02, 2024

    Biden Admin Hits Back At Objections To H-2A Wage Increases

    The administration of President Joe Biden pressed a Florida federal court Friday to keep intact a new U.S. Department of Labor rule raising the salary for foreign agricultural workers, saying it supported the wage hike and the policy doesn't create an "impermissible" attractive wage.

  • February 02, 2024

    Iowa Justices Put Cow Collision Suit Out To Pasture

    The Iowa Supreme Court on Friday tossed a truck driver's suit over a collision with a cow, saying the driver hasn't put up enough evidence to show the owner was negligent for letting it wander onto the highway.

  • February 02, 2024

    Cannabis Org Tells 4th Circ. Hemp Wares Unlawful And Unsafe

    A cannabis industry trade group on Friday filed a friend of the court brief in a Fourth Circuit battle over a Virginia law that restricts the production and sale of hemp-derived intoxicants, telling the appellate court that the products are unlawful and unsafe.

  • February 02, 2024

    Pennsylvania AG's Clout In Opioid Deal Likely Has Wide Reach

    A Pennsylvania court's ruling that the attorney general had the power to overrule local district attorneys' objections to a big opioid settlement could affect the prosecutors' power dynamic beyond the painkiller litigation, overshadowing other areas where they could share jurisdiction or clash over politically sensitive issues, attorneys told Law360.

  • February 01, 2024

    3 Firms Net $1.9M Fee In Celsius Investors' Stock Payout Suit

    A legal team comprising litigators from Grant & Eisenhofer PA, Klausner Kaufman Jensen & Levinson and The Reeves Law Firm will receive a fee of over $1.9 million for their work on an investor suit, alleging drink company Celsius improperly inflated its revenue.

  • February 01, 2024

    Nestle Wins Exit Bid In Lime-Flavored Perrier False Ad Suit

    A Florida federal judge on Thursday tossed with prejudice a proposed class action alleging the label on Nestle USA Inc.'s Perrier drinks misleads consumers on how much lime it puts in the carbonated water beverage, saying the label does not use language suggesting the drink is made with lime.

  • February 01, 2024

    Ill. Bar Freed From Suit Over Staffer's Alcohol-Fueled Fatal Fall

    A Chicago bar has escaped claims of civil liability over the death of one of its barbacks, who fell on his head while on the job after becoming intoxicated on drinks the bar provided him, after an Illinois state appeals court said that the only recourse was the Dram Shop Act, which the barback's brother did not seek damages under.

  • February 01, 2024

    Water Brand Had 'No One Qualified' To Make It, Jury Hears

    The Las Vegas jury weighing liver failure claims against "alkaline water" brand Real Water heard Thursday from a food safety expert about a 2018 health audit that she said found there was "no one qualified to make safe and clean water in this facility."

  • February 01, 2024

    Harvard Professor Testifies Fluoride Is 'Definitely' Neurotoxic

    A Harvard epidemiologist testified in a high-stakes bench trial over environmental groups' efforts to get the U.S. Environmental Protection Agency to ban fluoride in 200 million Americans' drinking water that there is "definitely a causal relationship" between fluoride exposure and neurotoxicity, even at low exposure levels.

  • February 01, 2024

    Conn. PFAS Water Pollution Suit Escapes Multidistrict Bid

    The federal multidistrict litigation panel has denied a Connecticut utility's attempt to funnel a lawsuit arising from PFAS "forever chemicals" into a broader nationwide case, concluding that the claims against Connecticut Water Co. are too different to be lumped into the MDL.

  • February 01, 2024

    DOL Says Late Argument Dooms H-2A Wage Rule Challenge

    The Biden administration urged the Fourth Circuit to reject an argument that the U.S. Department of Labor was required to consider the effects of a rule regulating H-2A wages on illegal immigration, saying the argument, attached to a challenge of the rule, came too late.

  • February 01, 2024

    Farm Equipment Cos. Settle Patent Dispute After $12M Verdict

    Sioux Steel Co. and Prairie Land Millwright Services have settled patent litigation in the wake of an Illinois federal jury's $12 million award for Sioux Steel, which had alleged the farm equipment company infringed its patents on a device used to sweep around grain.

  • February 01, 2024

    Albertsons, Kroger Slam Shoppers' Last Shot To Fight Merger

    Albertsons and Kroger urged a California judge Wednesday to toss for good a challenge to the grocers' proposed $24.6 billion merger, saying the customers' second amended complaint "parrots" arguments the court previously rejected for lack of standing.

Expert Analysis

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Compliance Primer: Foreign Investment In US Real Property

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    The rise in foreign investment in U.S. real property, especially agricultural land, has led to increased national security concerns, meaning it’s important to understand reporting requirements under the Agricultural Foreign Investment Disclosure Act and state-level statutes, and to monitor legislative proposals that could create more stringent reporting and review processes, say attorneys at K&L Gates.

  • New Initiatives Will Advance Corporate Biodiversity Reporting

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    Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How Cos. Can Prioritize Accessibility Amid Increase In Suits

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    The U.S. Department of Justice's notice of proposed rulemaking on digital accessibility and recent legal proceedings regarding tester plaintiff standing in accessibility cases show websites and mobile apps are a growing focus, so businesses must proactively ensure digital content complies with the Americans with Disabilities Act, say attorneys at Hinckley Allen.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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    After Sean "Diddy" Combs brought a racial discrimination suit in New York state court against Diageo, the company has been unable to compel arbitration under its distribution agreement with Combs, underscoring the importance of narrowly tailoring arbitration carveouts for injunctive relief, says Rosanne Felicello at Felicello Law.

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

  • NY Rulings Show Tough Odds For 'Made With' Class Actions

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    Two recent dismissals of proposed class actions — over alleged misrepresentations of food product ingredients — in New York federal courts suggest a growing skepticism of challenges to "made with"-type claims, but companies that decide to make such claims should still consider options to mitigate litigation risk, say Ashley Simonsen and Kaixin Fan at Covington.

  • Practice Tips To Help Keep Patent Reissuance Options Open

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    The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

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