Food & Beverage

  • September 30, 2024

    11th Circ. Skeptical Of Peanut Truck Co.'s Excise Tax Refund

    The Eleventh Circuit seemed skeptical of a lower court's decision to award a $37,000 excise tax refund to a manufacturer on its sale of wagons for carrying and drying peanuts, suggesting during oral arguments that the semitrailers may fail to qualify for a tax exemption for off-road vehicles.

  • September 30, 2024

    Calif. Gov. Signs Bill To Allow Cannabis Cafes

    California Gov. Gavin Newsom on Monday approved a bill that would pave the way for cannabis retailers to sell food and drink for on-site consumption — akin to the cannabis cafes found in Amsterdam — as well as host live events on their premises.

  • September 30, 2024

    Del. Justices Asked To Revive Malpractice Suit Against Firms

    Parents who hired Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA to pursue claims that contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child are urging Delaware's Supreme Court to revive their malpractice suit against the firms, saying they didn't "have an adequate opportunity to litigate."

  • September 30, 2024

    Ga. Judge Questions Pizzeria Wage Case Settlement Terms

    A Georgia federal judge declined to sign off on an agreement to settle a former delivery driver's lawsuit alleging unreimbursed expenses pushed his pizzeria pay below the federal minimum wage, expressing some concern about the arrangement.

  • September 30, 2024

    Alaska Seeks Toss Of Challenge To New Hemp Regulations

    The state of Alaska is asking a federal court to throw out a bid by a hemp industry group to block enforcement of regulations prohibiting the sale of intoxicating hemp products, saying the regulations are not preempted by federal law.

  • September 27, 2024

    CFTC Fines Olam Group $3.25M Over Cotton Sales Reports

    The Commodity Futures Trading Commission on Friday fined Singapore-based integrated supply chain manager Olam Group Ltd. $3.25 million for allegedly submitting false, misleading or inaccurate reports to the CFTC and the U.S. Department of Agriculture about its sale of U.S. cotton worth more than $190 million.

  • September 27, 2024

    Apple, Visa And Mastercard Want Out Of 'Tap Pay' Fee Suit

    Apple, Visa and Mastercard on Thursday urged an Illinois federal court to toss several retailers' proposed antitrust class action accusing the three of conspiring to restrain competition in point-of-sale transaction payment networks, saying in separate motions that allegedly unlawful agreements they entered "expressly preserve" Apple's right to compete.

  • September 27, 2024

    Constitution Permits Blocked Anti-Laundering Law, Panel Told

    The U.S. government urged the Eleventh Circuit on Friday to reinstate the Corporate Transparency Act passed in 2021, arguing that the anti-money laundering law is within Congress' powers to regulate economic activity and necessary to have businesses report beneficial ownership to combat crimes like tax evasion and terrorist financing.

  • September 27, 2024

    Hemp Org., Cheech & Chong Take Aim At New Calif. THC Ban

    A leading hemp industry trade organization has teamed up with the cannabis brand fronted by stoner comedians Cheech and Chong to challenge new emergency regulations in California that ban the sale of hemp products containing the psychoactive cannabinoid THC.

  • September 27, 2024

    Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman

    In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.

  • September 27, 2024

    Deal Cools Sale Broker's Beef With Cold-Cheese Pizzeria

    A Pittsburgh cold-cheese pizzeria's beef with a real estate broker over the commission on what was almost a $2.1 million sale has cooled, with the parties telling a Pennsylvania state court they have settled the case.

  • September 27, 2024

    11th Circ. Rejects Initial En Banc Hearing For ERISA Appeal

    The Eleventh Circuit denied an initial en banc hearing request from former employees of a seafood company who are pushing to revive a lawsuit alleging their employee stock ownership plan was overcharged by tens of millions of dollars after a Georgia federal judge dismissed the case in December.

  • September 27, 2024

    Miami Approves $12.5M Deal To End Little Havana Bar's Suit

    The city of Miami has agreed to pay $12.5 million to settle claims from the owners of several popular Little Havana businesses who alleged city officials repeatedly harassed them and deliberately crafted ordinances to destroy their business rights.

  • September 27, 2024

    Philip Morris Says Nicotine Pouch Suit Is Preempted

    Philip Morris International Inc. and a subsidiary are urging a Connecticut federal judge to throw out claims that they falsely advertised nicotine pouches as safe and healthy and marketed them to adolescents, saying the claims are preempted by federal law.

  • September 26, 2024

    Nestlé Customers Win Class Cert. In Child Labor Labeling Suit

    A California federal judge on Thursday granted class certification in litigation alleging Nestle USA misleads the public with "sustainably sourced" chocolate labels when its cocoa is produced through child labor and deforestation, rejecting the company's contention that classes can't be lumped together for different labels on different products.

  • September 26, 2024

    Edible Arrangements Says Zurich Shirked Policy Duties In $4M Suit

    Atlanta-headquartered Edible Arrangements has hit the American Zurich Insurance Co. with a breach of contract suit seeking at least $4.2 million, claiming the insurer refused to defend and indemnify it against counterclaims stemming from a trademark suit it filed against another company.

  • September 26, 2024

    General Mills Seeks To Ax Suit Claiming Cocoa Puffs Has Lead

    General Mills urged a California federal court to toss a proposed consumer class action claiming its Cocoa Puffs cereal contains undisclosed and high levels of lead, saying the suit is based on a "flawed and implausible theory" that doesn't show lead is present in the cereal at unsafe levels.

  • September 26, 2024

    3rd Circ. Rules Commerce Fishery Councils Cannot Veto Regs

    Government-appointed advisory councils that have the power to veto decisions of federal cabinet-level officials run afoul of the U.S. Constitution, the Third Circuit said, stripping that veto power from "regional fishery management councils" that advise the U.S. secretary of commerce.

  • September 26, 2024

    New Report Urges Feds To Take Larger Role In Pot Policy

    The rise of state-sanctioned cannabis markets amid the absence of federal regulation has prioritized policies intended to launch marijuana sales over those focused on public health, according to a government-sponsored report made public Thursday.

  • September 26, 2024

    Chubb Bears Burden In Smithfield Hog Farm Coverage Suit

    A Chubb unit must bear the burden of proving the reasonableness of costs that Smithfield Foods incurred in defending against claims that its farms were a nuisance, North Carolina's business court ruled, saying the pork producer must only show that it incurred and paid the costs at issue.

  • September 26, 2024

    Dominican Airport Co. Says Project Feud Must Be Arbitrated

    The operator of airports in the Dominican Republic has urged a Puerto Rico federal court to compel a food-and-beverage concessionaire to resolve its multimillion-dollar claims against it in arbitration following an ill-fated expansion project at the country's main airport.

  • September 26, 2024

    Man Says Houston-Area Starbucks Put Racist Joke On Drink

    Coffee chain Starbucks was hit with a race discrimination lawsuit Wednesday from a Black man who alleged staff at a Houston-area location put a racist note on his cup when he arrived to pick up a mobile order.

  • September 26, 2024

    Del. Bankruptcy Judge Says Purdue Limits Opt-Out Releases

    A Delaware bankruptcy judge says the U.S. Supreme Court's decision in Purdue Pharma LP barring nonconsensual third-party releases does not allow a kind of oft-used opt-out waiver for voters who don't return ballots.

  • September 26, 2024

    Conn. PFAS Water Pollution Suit Returned To State Court

    A Connecticut federal judge has sent back to state court a proposed class action accusing the Connecticut Water Co. of knowingly selling water contaminated with dangerous levels of PFAS and failing to take steps to remove the pollutants, saying the water supply system's arguments are "fatally flawed."

  • September 26, 2024

    Nightclub Can Pursue Defamation Suit Against TikTok User

    A Chicago nightclub and restaurant has pled enough to pursue defamation claims against a woman who posted a viral TikTok video claiming security staff was "manhandling" and otherwise physically forcing her out of the establishment, a state court judge has said.

Expert Analysis

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Opinion

    Toxic Water Case Shows Need For Labeling To Protect Kids

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    A recent case involving contaminated alkaline water that inflicted severe liver damage on children underscores the risks that children can face from products not specifically targeted to them, and points to the need for stricter labeling standards for all bottled water, says Vineet Dubey at Custodio & Dubey.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Classwide Calculations May Get Price Premium Damages Wrong

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    In many consumer class actions, plaintiffs assert that they overpaid for a product because of a misrepresented or defective product feature, and that a single price premium estimate can be applied classwide — but failure to account for differences in price premiums across a putative class may lead to improper damage awards, say economists at Ankura Consulting.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Insurance Lessons From 11th Circ. Ruling On Policy Grammar

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    The Eleventh Circuit's recent decision in ECB v. Chubb Insurance, holding that missing punctuation didn't change the clear meaning of a professional services policy, offers policyholder takeaways about the uncertainty that can arise when courts interpret insurance policy language based on obscure grammatical canons, say Hugh Lumpkin and Garrett Nemeroff at Reed Smith.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

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