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Food & Beverage
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October 09, 2024
47 Members Of Congress Urge EPA To Ban Paraquat
Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
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October 08, 2024
Albertsons Exec Says No-Poach Deal Never Happened
An Albertsons labor executive Tuesday attempted to rebut Colorado's accusations that the company worked together with Kroger even before its proposed merger to not compete for workers or customers during a 2022 strike, saying any agreements were internal and had nothing to do with Kroger.
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October 08, 2024
Eggland's Best Says Cage-Free Eggs Are Exactly That
Eggland's Best asked an Illinois federal judge on Monday to toss a suit claiming it misled consumers about the quality of care for its hens and the conditions in which they lived, arguing its cage-free eggs are unquestionably labeled as such and that the plaintiffs "twist themselves into knots" to render the products deceptive.
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October 08, 2024
Judge Clarifies Licensing Curbs On Paul Newman Foundation
The foundation established by the actor Paul Newman cannot license his publicity and intellectual property rights to any university or other nonprofit, studio or publisher or any luxury brand for advertising, a Connecticut state court judge has said, responding to a request to clarify a preliminary injunction she issued.
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October 08, 2024
Colo. Supreme Court Punts On Transgender Cake Case
The Colorado Supreme Court said Tuesday it couldn't consider the merits of a discrimination case alleging a bakery refused to make a cake to celebrate a customer's gender transition, finding a trial court didn't have jurisdiction to hear the case in the first place.
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October 08, 2024
China Pushes Back On Turkish EV Tariffs, Targets EU Brandy
China said Tuesday that it is appealing to the World Trade Organization to halt Turkish tariffs on electric and hybrid vehicles made in the country, and it announced a temporary anti-dumping measure on European Union brandy that follows the bloc's own EV tariffs.
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October 08, 2024
11th Circ. Revives Slip-And-Fall Suit Against Sam's Club
The Eleventh Circuit has reinstated a woman's suit against retailer Sam's Club alleging she slipped and fell on water in one of its stores, saying there's evidence creating a dispute about whether the store had constructive notice of the spill.
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October 08, 2024
3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits
The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.
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October 08, 2024
Whole Earth Sued In Chancery For Docs On Take-Private Deal
A stockholder of global food company Whole Earth Brands sued the company in Delaware's Court of Chancery late Monday for alleged failure to provide requested books and records on the company's agreement in February to be taken private by an affiliate of Sababa Holdings Free LLC.
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October 08, 2024
1st Circ. Eyes Revival Of Welch's Execs' Pension Fight
The First Circuit appeared receptive Tuesday to former Welch's executives who are seeking to revive a suit claiming they were shortchanged by a supplemental retirement plan, with two judges pointing out conflict-of-interest disputes on appeal that the lower court left unaddressed.
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October 07, 2024
PetSmart Can't Shear Down Dog Food Trademark Suit
A Kentucky federal judge declined PetSmart's bid to narrow a dog food company's intellectual property lawsuit against the pet products retailer, holding that the case qualifies for an exception that allows courts to intervene in pending matters before the U.S. Patent and Trademark Office.
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October 07, 2024
Judge Presses AmEx On Arbitration Push For Merchants
A Rhode Island judge on Monday expressed skepticism about American Express' claim that it could force a proposed antitrust class action targeting the company's swipe fee rules back into arbitration after the plaintiffs say it already defaulted on arbitration fees.
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October 07, 2024
Attys Want $20M Fees For Netting $64M Tuna Price-Fixing Deal
Attorneys representing a class of purchasers who sued several canned tuna producers have asked a California federal judge for nearly $20 million in fees and costs associated with their recently inked $64 million settlement, saying the award is fair considering the effort the case took to prosecute and the complexity of the deal.
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October 07, 2024
McDonald's Accuses Big Beef Of Price-Fixing
McDonald's Corp. sued Cargill, JBS, National Beef Packing Co., Swift Beef Co., Tyson and several subsidiaries in New York federal court Friday, accusing the major meat processing and packing companies of conspiring to fix beef prices, resulting in higher costs for the fast food behemoth.
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October 07, 2024
Mich. Supreme Court Snapshot: Insulin Prices, Disney Audit
The Michigan Supreme Court's first oral argument session of the 2024-25 term promises to be a busy one, involving an investigation into Eli Lilly's insulin prices with big implications for the scope of Michigan's consumer protection law and Disney's appeal of an order to turn over decades-old uncashed checks to the state treasurer.
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October 07, 2024
Decision In Jurisdictional Case 'Outlier,' High Court Told
An attorney representing Royal Canin USA Inc. and Nestlé Purina PetCare Co. on Monday told the U.S. Supreme Court that a jurisdictional decision in a case over prescription dog food is both an "extreme outlier" and goes against more than a hundred years of precedent.
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October 07, 2024
Panera Settles 'Charged Lemonade' Death Case Days Before Trial
Panera Bread has reached a confidential settlement in a wrongful death suit lodged by the parents of a University of Pennsylvania student who died after drinking the bakery café chain's now-discontinued Charged Lemonade, counsel for the parents told Law360 on Monday.
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October 07, 2024
Grocery Co. Won't Get High Court Review Of Gender Bias Suit
The U.S. Supreme Court announced Monday it won't review the revival of a gender bias case brought by a woman who said she was fired from her management role in a grocery store chain after her supervisor repeatedly said that management jobs were "too stressful" for women to handle.
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October 07, 2024
Target's '100% Pure' Avocado Oil Not So Pure, Suit Says
Target customers hit the retailer with a putative class action in California federal court alleging its line of Good & Gather avocado oil is not 100% pure as the label suggests, and instead may contain additives like other lesser quality oils.
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October 07, 2024
Ball Corp. Unit Strikes Deal To End DOL Race Bias Probe
A subsidiary of packaging company Ball Corp. will pay $309,000 after a U.S. Department of Labor probe found evidence that it favored white applicants for production technician jobs over Black workers, the DOL said Monday.
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October 07, 2024
Kirkland, Ropes Build $2B Take-Private Of Calif. Wine Maker
Los Angeles-based private equity shop Butterfly Equity, led by Kirkland & Ellis LLP, on Monday announced plans to buy and take private Ropes & Gray LLP-advised North American luxury wine maker The Duckhorn Portfolio in an all-cash deal that values the company at roughly $1.95 billion.
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October 07, 2024
Justices Reject 5-Hour Energy's Attack On Unfair Pricing Test
The U.S. Supreme Court rejected the maker of 5-Hour Energy's petition to review a Ninth Circuit test for deciding whether companies are in competition with one another in price discrimination cases Monday, allowing the circuit court's revival of a suit brought by wholesalers to stand.
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October 07, 2024
High Court Rejects Pleas To Hear 7 Patent Cases
The U.S. Supreme Court on Monday turned down seven petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
Expert Analysis
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Defending Against Aggressive DOL Child Labor Enforcement
The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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How Cos. Should Handle Research Org.'s Carcinogen Evals
In light of the International Agency of Research for Cancer's list of substances slated for review over the next five years, manufacturers of chemicals, pharmaceuticals and consumer products should monitor for potentially unbalanced determinations, which could stimulate litigation regarding potential exposure from products, say attorneys at Nelson Mullins.
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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A Look At State AGs Supermarket Antitrust Enforcement Push
The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.