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Food & Beverage
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September 23, 2024
Holland & Knight Lands McDermott FDA Regulatory Pro
Holland & Knight LLP has nabbed a partner from McDermott Will & Emery LLP with extensive experience representing clients in regulatory matters before the U.S. Food and Drug Administration, the firm announced Monday.
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September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
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September 23, 2024
Kroger Fights FTC's Bid To Move Constitutionality Case
Kroger is fighting to keep its challenge to the Federal Trade Commission's in-house courts in Ohio federal court, pushing back against the agency's effort to get it paused or moved to Oregon, where the FTC's case against the company's merger with Albertson's is already playing out.
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September 23, 2024
Class Gets Cert In Suit Over Dave's Killer Bread Protein Claims
A California federal judge on Friday granted class certification to a group of consumers alleging that Dave's Killer Bread and Flowers Foods violated U.S. Food and Drug Administration labeling regulations by leaving out required protein content information, finding that the consumers had standing.
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September 23, 2024
DOL Says It Can Set Higher Wages For H-2A Workers
The U.S. Department of Labor told a Florida federal court that its final rule increasing foreign agricultural workers' salaries ensures that H-2A visa holders don't adversely affect the wages of other workers, rejecting farm groups' arguments that the department lacked the authority to do so.
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September 23, 2024
Chicago's DoorDash Fee Claims Get Two-Year Limit
An Illinois federal judge on Friday pared down a lawsuit brought by the city of Chicago accusing DoorDash of using various deceptive practices to fool customers into paying higher prices, holding that claims under the city's municipal code that accrued more than two years before the city filed suit are time-barred.
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September 23, 2024
Insurer Can't Escape Toddler Injury Suit Over Dollar Tree Mints
A Missouri federal judge tossed an insurer's bid to escape coverage of underlying litigation alleging a toddler suffered severe esophageal injuries after swallowing freshening drops sold by Dollar Tree, writing that the carrier's "broad interpretation" of its total pollution exclusion "yields an absurd result."
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September 23, 2024
Trade Commission Spares Chinese Wine Bottles From Duties
The U.S. International Trade Commission found that Chinese glass wine bottles that are subsidized by Beijing are not harming U.S. producers, sparing the imports from steep countervailing duties from the U.S. Department of Commerce.
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September 20, 2024
JBS Unit Owns Abandoned 'Pollo Picú' TM, 1st Circ. Says
JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.
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September 20, 2024
Wash. Strikes Deal With Wild Fish Groups To End ESA Row
Two conservation groups have struck an agreement with Washington state to drop a claim that some of its hatchery programs are unlawfully imperiling protected wild salmon on the Lower Columbia River, though the groups will continue to pursue similar claims against Oregon and the National Marine Fisheries Service.
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September 20, 2024
Domino's Execs Concealed Store Closure Woes, Investor Says
Domino's is facing a proposed class action filed Friday in Michigan federal court by an investor who says the pizza chain overhyped plans to launch more than 1,100 stores across the globe over a four-year period while concealing that a major franchisee faced significant hurdles with store openings and closures.
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September 20, 2024
Family Dollar Must Face Arkansas AG's Rodent Infestation Suit
Family Dollar can't escape a lawsuit by the Arkansas attorney general seeking damages for knowingly selling products potentially contaminated by rodents, both dead and alive, at a warehouse in West Memphis, a state judge has ruled.
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September 20, 2024
Delta Air Lines Hit With Passenger Suit Over Hot Coffee Burns
A Delta Air Lines Inc. passenger, who suffered second-degree burns due to a cup of "excessively hot" coffee spilled onto her lap by an allegedly negligent flight attendant, filed suit against the airline, claiming the flight crew downplayed the severity of her injuries.
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September 20, 2024
NC Governor Defends Bar Closures During COVID
North Carolina Gov. Roy Cooper urged the state's highest court to overturn a decision finding he violated the constitutional right to make a living and the equal protection of bar owners with his COVID shutdown order, arguing the decision was reasonable given how the virus was spreading.
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September 20, 2024
H-2A Wage Rule Blocked In La. For Sugarcane Farms
A Louisiana federal judge said Thursday the U.S. Department of Labor likely didn't have the authority to raise wages for H-2A farmworkers, temporarily blocking the rule from applying to sugarcane farms in Louisiana.
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September 20, 2024
Employment Authority: DOL's Strategies After Chevron Ruling
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how effective the U.S. Department of Labor's tactics have been after the U.S. Supreme Court nixed the Chevron doctrine, the Federal Trade Commission's challenge to a proposed merger between Kroger and Albertsons highlights the overlap between labor law and antitrust enforcement and a look at the U.S. Equal Employment Opportunity Commission's enforcement efforts on the nation's newest civil rights laws.
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September 20, 2024
5th Circ. Reverses Insurer's Early Win In Silo Damage Dispute
The Fifth Circuit reversed an insurer's early win in a coverage dispute with an agricultural cooperative over damage to two grain silos, instead finding that questions remained about whether wind and weather damage because of faulty construction qualified as property damage under the policy.
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September 20, 2024
Entrepreneur Says Partners Stiffed Him On Testing Site Deal
A Pittsburgh entrepreneur says he had a deal with three Omaha, Nebraska-based businessmen to help them open COVID-19 testing labs in Ohio and Pennsylvania in the early days of the pandemic, but is still owed $2 million, according to a lawsuit filed Friday in Pennsylvania state court.
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September 20, 2024
Panera Can't Delay Trial Over Shook Hardy Attys' Schedule
A Pennsylvania federal judge denied Panera Bread's repeated requests to delay a wrongful death trial, finding the restaurant chain will not be prejudiced if its desired Shook Hardy & Bacon LLP counsel cannot attend, as "plenty" of Shook Hardy lawyers can stand in, the judge said.
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September 19, 2024
Safeway Touts Bogus Wine Discounts For Members, Suit Says
Safeway faces a proposed false advertising class action filed Wednesday in California federal court alleging it advertises bogus, limited-time offers of discounted prices on wine sold at its stores for its rewards program members, which misleads customers into thinking they're scoring a bargain.
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September 19, 2024
Wash. Justices Strike Down County's Rural Winery Regs
The Washington State Supreme Court has struck down an Evergreen State county's regulations for wineries and tasting rooms on rural land near Seattle, saying Thursday the local government violated long-term planning and land use law by downplaying potential environmental consequences of the rules before passing them.
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September 19, 2024
Food Safety Org Says EPA Stalling On Sharing Pesticide Info
The U.S. Environmental Protection Agency is illegally failing to provide important records about how it assesses pesticides' ecological impact and human health risks, the Center for Food Safety said in a new lawsuit.
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September 19, 2024
Hormel Foods Can't Beat Retirement Fund Management Suit
Hormel Foods Corp. can't avoid a proposed class action claiming it failed to remove high-cost investment options with poor return rates from its $1.2 billion retirement plans, with a Minnesota federal judge ruling the worker leading the suit identified suitably comparable funds that performed better.
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September 19, 2024
Tyson Foods Hit With Greenwashing Suit For 'Net-Zero' Claim
Tyson Foods Inc. has been slapped with a complaint by the Environmental Working Group in D.C. Superior Court, accusing the country's second-largest meat company of falsely claiming it will be net-zero by 2050 and misrepresenting its industrial beef products as "climate-smart."
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September 19, 2024
Tupperware Gears Up For Lender Fight Over Ch. 11 Plans
Iconic food storage brand Tupperware received a Delaware bankruptcy judge's approval Thursday to keep its bank account systems operating as it prepares to fight off objections to most of its first-day motions next week from a group of secured lenders looking to dismiss its Chapter 11 bankruptcy and foreclose on its assets.
Expert Analysis
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Why Biz Groups Disagree On Ending Chevron Deference
Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.
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Key Lessons After A Rare R&W Insurance Ruling
The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Legislative And Litigation Trends In Environmental Advertising
Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.
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What's On The Horizon In Attorney General Enforcement
A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.
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Reducing The Risk Of PFAS False Advertising Class Actions
A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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USCIS Fee Increases May Have Unintended Consequences
U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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How Recent Laws Affect Foreign Purchase Of US Real Estate
Early diligence is imperative for U.S. real estate transactions involving foreign actors, including analysis of federal and state foreign investment laws implicated by the transaction, depending on the property's nature and location, the parties' citizenship, and the transaction's structure, say Massimo D’Angelo and Anthony Rapa at Blank Rome.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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The Corporate Disclosure Tug-Of-War's Free Speech Issues
The continuing conflict over corporate disclosure requirements — highlighted by a lawsuit against Missouri's anti-ESG rules — has important implications not just for investors and regulated entities but also for broader questions about the scope of the First Amendment, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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A Refresher On Alcohol Sponsorships Before The Super Bowl
As millions of people will see in Super Bowl commercials Sunday, celebrity sponsorships continue to be a valuable tool for alcohol beverage marketers — and those looking to better target audiences must understand how regulation of the alcohol industry affects these deals, say attorneys at McDermott.
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Opinion
Food Safety Bill Needed To Protect Kids From Heavy Metals
The recent announcement by the Centers for Disease Control and Prevention that hundreds of children may have been exposed to unsafe lead levels in applesauce highlights the continuing failure by Congress to pass legislation that would require baby food manufacturers to ensure safer levels of heavy metals in their products, says Vineet Dubey at Custodio & Dubey.