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Food & Beverage
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March 28, 2025
Insurer Denied Early Win In $6.1M Cargo Loss Coverage Suit
A New York federal judge said there was too much controversy to hand an early win to a stone company in its case seeking coverage of a more than $6.1 million loss over marble destroyed by a snail infestation.
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March 28, 2025
Taxation With Representation: Norton Rose, Latham, Ashurst
In this week's Taxation With Representation, Dollar Tree sells its Family Dollar business to private equity firms, eye care company Alcon buys medical technology company Lensar and Ithaca Energy PLC buys the U.K. subsidiary of Japan Petroleum Exploration Co. Ltd.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
Trade Court Skewers ITC Over Secretive Redaction Policy
The U.S. Court of International Trade issued a stinging rebuke of the U.S. International Trade Commission Thursday, clarifying disclosure laws and accusing the quasi-judicial agency of being too protective of information it deems "confidential" in violation of basic transparency rules.
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March 27, 2025
Nuture Can't Escape Parents' Heavy Metal Baby Food Case
Nurture Inc. cannot escape consolidated class claims brought by parents who allege the baby food manufacturer hid the presence of toxic heavy metals in its Happy Family Organics products, a Manhattan federal judge ruled Wednesday.
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March 27, 2025
DC Judge Seems Open To Fired Inspectors' Reinstatement Bid
A D.C. federal judge on Thursday questioned whether it would make practical sense to reinstate eight inspectors general fired by President Donald Trump while signaling openness to the federal watchdogs' argument that the president must follow the legally mandated process before they can be terminated.
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March 27, 2025
Meta Gets Stiff-Armed On FuriosaAI Offer, And More Rumors
In a bold move that underscores the growing confidence and independence of artificial intelligence startups, FuriosaAI reportedly rejected an $800 million acquisition offer from Meta. Nvidia is also on the verge of acquiring Lepton AI, and Apollo is mulling a sale of Cox Media. Here, Law360 breaks down these and other notable deal rumors from the past week.
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March 27, 2025
Costco Settles Listeria-Contaminated Chicken Wrap Claims
Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
NC Biz Court Limits Testimony In Smithfield Coverage Trial
A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.
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March 27, 2025
3rd Circ. Says Pension Law OKs Suits To Enforce Settlements
A Teamsters pension fund can go after a bankrupt dairy business's affiliates for the $39 million that the business owes the fund under the terms of a settlement, the Third Circuit ruled Thursday, saying the fund has a viable cause of action under the Multiemployer Pension Plan Amendments Act.
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March 27, 2025
McCarter & English Faces DQ Bid In NJ Food Biz Dispute
A food industry executive has asked a New Jersey federal court to remove McCarter & English LLP as counsel for his opponents in a business dispute, arguing that the firm previously represented him in negotiating the contract at issue.
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March 27, 2025
Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit
Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.
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March 27, 2025
Panera Franchisee Blames Insurer For Slip-And-Fall Payout
A Massachusetts Panera franchisee said Travelers and its counsel botched a minor slip-and-fall claim, eventually leaving it on the hook for its full $250,000 deductible to cover an "inflated" settlement and legal fees in the case.
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March 27, 2025
Gastropub Chain Bar Louie Hits Second Chapter 11 In 5 Years
Texas-based gastropub chain Bar Louie filed for Chapter 11 protection in Delaware, listing nearly $70 million of debt, about five years after the chain sold itself to creditors in a previous bankruptcy.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Pepperidge Farm Can't Outswim Goldfish False Ad Suit
Pepperidge Farm can't escape a proposed class action alleging it falsely labels its Goldfish crackers as containing no artificial flavors or preservatives, despite citric acid being part of the ingredients list, after a New York federal judge said Wednesday the plaintiff demonstrated the statement could be deceptive to reasonable consumers.
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March 26, 2025
Mars Risk Exec Caught With Hand In Cookie Jar, Feds Allege
A former Mars Inc. subsidiary global price risk manager pled not guilty in Connecticut federal court Wednesday to multiple criminal charges alleging that he defrauded his employer out of more than $28 million to fund his lifestyle, including a $2.3 million Greenwich home and a ranch in Argentina.
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March 26, 2025
Judge Tosses Some Wage-Fix Claims Against Meat Packers
A Colorado federal judge on Wednesday ruled that plaintiffs alleging meat producers conspired to fix industry wages can't recover under certain claims for conduct that happened before January 2020, finding an amended complaint raised a new conspiracy for which the companies weren't on notice they could be held liable.
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March 26, 2025
Wings Restaurant Illegally Retains Tips, Server Says
Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.
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March 26, 2025
Sysco Can't Tap Out Of $50M Price-Fix Deal With JBS
Sysco can't back out of a $50 million agreement it made with JBS for the meat producer to exit sprawling litigation accusing it of working to fix the price of poultry, beef and pork, even though Sysco has since signed away its interest in the antitrust claims, a federal court has ruled.
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March 26, 2025
Del. Justices Urged Not To Open Malpractice Suit 'Floodgates'
Attorneys representing Brockstedt Mandalas Federico LLC and Schochor Staton Goldberg & Cardea PA urged the Delaware Supreme Court on Wednesday to reject a bid to revive a malpractice suit filed over damages sought for a child's "catastrophic injuries" allegedly caused by contamination from a chicken plant, saying doing so could open "floodgates" for similar suits.
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March 26, 2025
Worker Says Koch Foods Fails To Pay For Off-Clock Tasks
Koch Foods refused to pay workers for the time they spent putting on and taking off protective gear, and it deducted money from their paychecks if they needed items replaced during a workweek, a proposed class action filed in Illinois federal court said.
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March 26, 2025
UK Antitrust Arm Probing Food Services Merger
Britain's antitrust watchdog has launched an initial enforcement order into global catering giant Aramark Group's acquisition of Entier, a Scottish rival, over concerns the transaction could result in a "substantial lessening of competition" in the food services sector.
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March 26, 2025
Dollar Tree Selling Family Dollar For $1B To PE Firms
Dollar Tree said Wednesday it has agreed to sell its Family Dollar business for just over $1 billion to two private equity firms, after the Davis Polk-guided discount retailer revealed strategic review plans to sell the cash-strapped unit in June.
Expert Analysis
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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What Advisory On Alcohol And Cancer May Mean For Cos.
While the federal government has yet to take concrete steps in response to a January advisory from the outgoing U.S. surgeon general on links between alcohol consumption and cancer, the statement has opened the door to potential regulatory, legislative and litigation challenges for the alcoholic beverage industry, say attorneys at Mayer Brown.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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What To Expect From 'Make America Healthy Again' Actions
The Make America Healthy Again Commission recently established by President Donald Trump and chaired by Robert F. Kennedy Jr. will potentially bring energy and attention to important public health topics, and stakeholders should be aware of pathways for sharing their input and proactively informing proceedings, says Nicholas Manetto at Faegre Drinker.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Reading The Tea Leaves On Mexico, Canada And China Tariffs
It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.