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Food & Beverage
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January 27, 2025
Fla. Judge Won't Recuse Over 'Adverse Ruling' In CBD Row
A Florida federal magistrate judge has refused to step down from a case where she recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying adverse rulings are not grounds for recusal.
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January 24, 2025
Fed. Circ. Partly Revives Steuben's Win In $38M IP Trial
The Federal Circuit largely revived Steuben Foods' infringement victory from a jury trial on Friday, in an opinion that also delved into the status of the rarely used reverse doctrine of equivalents.
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January 24, 2025
Ex-Koch Managers Ask 11th. Circ. To Undo Assault Verdict
The Eleventh Circuit on Friday considered whether to reverse assault and battery verdicts against two former Koch Foods human resource managers accused of inviting an employee to their home, propositioning her and subjecting her to disciplinary action at work when she refused their advances.
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January 24, 2025
Deere Loses Fed. Circ. Bid To Revive Seeding Patent Fight
The Federal Circuit on Friday shot down John Deere's appeal of its loss at the lower court in a case where a jury found that a rival's SpeedTube products didn't infringe a pair of patents, affirming a lower court's denial of the farming equipment giant's bid for a new trial.
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January 24, 2025
Agri Stats Demands Details On DOJ's Info-Sharing Claims
Agri Stats has accused the U.S. Department of Justice of refusing to identify specific data fields in the company's reports that allegedly allowed chicken, pork and turkey producers to exchange competitively sensitive information, as it readies its defense in the agency's antitrust case.
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January 24, 2025
Scorned Hot Dog Biz Buyer Urges NC Justices To Revive Suit
A businessman who claims he was cut out of a deal to buy a chain of Ohio hot dog eateries urged the North Carolina Supreme Court to revive his suit against a man who the businessman said was supposed to be his partner, arguing only a jury can resolve the matter.
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January 24, 2025
Campbell's Unit Accused Of Failing To Pay For Off-Clock Work
A Campbell's subsidiary fails to compensate hourly paid packing employees for the several minutes they spend each day performing certain tasks before and after their shifts, a proposed collective action filed in North Carolina federal court said.
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January 24, 2025
Circle K Fails To Pay For Travel Costs, Manager Says
Convenience store chain Circle K requires store managers to make trips to other locations to pick up out-of-stock items but doesn't reimburse them for the costs associated with this travel, a proposed class action filed in Illinois state court said.
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January 23, 2025
'Bad Spaniels' Toy Dilutes, Doesn't Infringe Jack Daniel's TM
A "Bad Spaniels" dog toy parodying Jack Daniel's iconic whiskey bottle does not infringe trademark rights but does dilute the whiskey maker's trademarks and trade dress, an Arizona federal judge ruled Thursday, following the U.S. Supreme Court's ruling that the First Amendment does not shield the toy's maker.
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January 23, 2025
Vape Maker Seeks Exit From Suit Over Delta-9 THC Levels
An Illinois-based vape maker urged a federal judge to toss a lawsuit accusing it of fraudulently passing off illicit Delta-9 products as legal Delta-8 ones, saying the suit lacks fundamental details, such as which products were purchased and what laboratory tested them.
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January 23, 2025
Chinese, Thai And Vietnamese Paper Plates Hit With Duties
The U.S. Department of Commerce will impose duties on paper plates from China, Vietnam and Thailand, finding those countries unfairly subsidized that product, giving them an unfair advantage in the U.S. market, according to a statement.
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January 23, 2025
Connecticut Lawmaker Files Cannabis Cafe Bill
A Democratic Connecticut lawmaker on Wednesday introduced a bill to legalize Amsterdam-style cafes and restaurants where patrons can consume cannabis on-site.
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January 23, 2025
Walmart Strikes Deal To End Delivery Driver's Wage Suit
Walmart reached a deal to resolve a former worker's lawsuit accusing the company of misclassifying its app-based delivery drivers as independent contractors and failing to provide them the guaranteed wages, breaks and benefits owed to employees, a filing in Washington federal court said.
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January 23, 2025
Turkey Buyers Get Classes Certified For Antitrust Claims
An Illinois federal court certified two classes of buyers in a case accusing the country's largest turkey processors of working together to reduce supply and increase prices after refusing to exclude analysis from the buyers' experts.
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January 23, 2025
Starbucks Claims Ex-Exec Owes Company $830K
Starbucks claimed in New Jersey federal court Wednesday that a former senior vice president has failed to pay back the pro rated portion of his $1 million signing bonus, saying the former employee owes $830,000.
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January 23, 2025
NY Federal Judge Urged To OK $149M Grain Exporter Award
Corporate trustee services provider Madison Pacific Trust Ltd. asked a Manhattan federal judge to confirm a $149 million arbitration award that it won from the founders of a Ukrainian grain exporting conglomerate that allegedly failed to pay its debt.
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January 23, 2025
Trump's Pick To Lead EPA Advances In Senate
President Donald Trump's nominee to lead the U.S. Environmental Protection Agency cleared a Senate committee vote Thursday, setting up a vote in the full chamber for his confirmation.
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January 22, 2025
Kroger Faces EEOC Suit Over Cancer Disability Bias Claims
The U.S. Equal Employment Opportunity Commission on Wednesday announced that it filed suit against The Kroger Co. in Georgia federal court for firing an employee who complained about alleged workplace discrimination stemming from a disability caused by breast cancer treatments.
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January 22, 2025
Wayne-Sanderson Flouting Wage-Fix Settlement, DOJ Says
The Justice Department is accusing poultry giant Wayne-Sanderson Farms of shirking its obligations under a settlement resolving wage-suppression allegations, asking a Maryland federal court to put a freeze on any information sharing by the company through Agri Stats and to impose a multiyear extension on its 10-year consent decree.
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January 22, 2025
Campbell's Soup Store Racks Infringe Patents, Judge Says
An Illinois federal judge found Wednesday that Campbell and grocery chains Kroger and Meijer directly infringed patents covering gravity-operated racks found in grocery aisles, but shot down the patent owner's bid for a win on the soup company's argument that the patents are invalid.
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January 22, 2025
8th Circ. Finds Monsanto PCB Case Can Stay In Federal Court
The Eighth Circuit on Wednesday allowed General Electric Co. and others to keep in Missouri federal court a suit by Monsanto Co. seeking defense for suits against Monsanto over polychlorinated biphenyls, finding that the suit was removed to federal court on time.
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January 22, 2025
Wyden Urges National Standard For Hemp Regulation
Sen. Ron Wyden, D-Ore., rallied on Wednesday for his bill that would beef up regulation of products with hemp-derived cannabinoids in order to protect consumers, particularly children.
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January 22, 2025
Nationwide Unit Needn't Cover Self-Dealing Suit, Court Says
A Nationwide unit doesn't owe coverage for a federal bankruptcy suit accusing two restaurateurs of engaging in self-dealing, a California federal court ruled, pointing to a policy exclusion barring coverage for wrongful acts that were noticed under a prior policy.
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January 22, 2025
Menendez Loses 2nd Bid For New Trial As Sentencing Nears
A Manhattan federal judge on Wednesday denied former U.S. Sen. Bob Menendez's latest motion for a new corruption trial a week before his sentencing, rejecting his claim that the jury could have been swayed by improperly redacted exhibits that were loaded onto a computer containing the evidence in the case.
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January 22, 2025
US, Vietnam Reach Deal To Settle Lengthy Fish Duty Dispute
The U.S. and Vietnam have settled a dispute over American duties on Vietnam's frozen fish fillets that languished at the World Trade Organization for seven years, according to a WTO document circulated Tuesday.
Expert Analysis
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Nutraceutical Patent Insights As Market Heats Up
Companies entering the expanding nutraceutical market and seeking patents to protect their innovations should evaluate successful nutraceutical claim language and common patent challenges in this field, say attorneys at Sterne Kessler.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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What May Have Led Calif. Voters To Reject Min. Wage Hike
County-specific election results for California’s ballot measure that would have raised the state’s minimum wage to $18 show that last year's introduction of a $20 minimum wage for fast-food workers may have influenced voters’ narrow rejection of the measure, says Stephen Bronars at Edgeworth Economics.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis
The Ninth Circuit’s upcoming decision in Hara v. Netflix, about what it means to be source-identifying, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Tracking The Uncertainty Of The FTC's Negative Option Rule
The fate of the Federal Trade Commission's final rule requiring businesses that utilize negative options to provide consumers with a simple cancellation method remains in limbo as it faces multiple legal challenges and the threat of possible congressional action looms, say attorneys at Manatt.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.