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Food & Beverage
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April 02, 2025
Potbelly Says Insurer Must Cover Wage Transparency Suit
Sandwich chain owner Potbelly Inc. told a Washington state court that its insurer wrongly refused to cover it in a proposed underlying class action alleging the business violated Washington's wage transparency law by failing to disclose pay and benefit information to job applicants.
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April 02, 2025
DOD Must Justify Noncompetitive Commissary Food Deal
The U.S. Government Accountability Office has backed a food distributor's protest over a Defense Commissary Agency fresh food supply deal, finding the agency wrongly failed to justify its use of a noncompetitive award.
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April 02, 2025
9th Circ. Doubts Bang Energy Founder's $272M Verdict Appeal
A Ninth Circuit panel expressed skepticism Wednesday about an attempt to undo Monster Beverage Corp.'s $272 million false advertising trial win against the founder of Vital Pharmaceuticals Inc., the now-defunct company behind Bang Energy drinks.
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April 02, 2025
Hemp Shop's Suit Over Cops' Raid, Arrests Tossed For Good
A Texas federal judge has dismissed with prejudice a hemp shop owner's suit alleging that city of Port Lavaca police illegally raided her shop and arrested her and an employee on suspicion of selling illegal cannabis.
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April 02, 2025
Ohio Brewery Challenges Pa. Beer Import Shipping Limits
A Cincinnati microbrewery says Pennsylvania laws that restrict how much beer an out-of-state producer can ship to customers in the Keystone State is an unfair burden on businesses and a violation of the U.S. Constitution's dormant commerce clause, according to a lawsuit in federal court.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Bigelow Waved The Flag While Selling Foreign Tea, Jury Told
R.C. Bigelow Inc. falsely advertised its foreign-grown teas as "manufactured in the USA" in a deceitful effort to play on customers' patriotic sentiments, counsel for a certified class of Golden State tea buyers told jurors as a damages trial opened in California federal court Tuesday.
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April 01, 2025
FDA Beats Challenge To Approval Of Elanco's Cattle Gas Drug
The U.S. Food and Drug Administration has defeated an administrative challenge to its approval of Elanco Health's drug meant to reduce ammonia gas emissions from beef cattle and their waste, with a California federal judge ruling Tuesday that the agency reasonably evaluated its safety based on a wide array of studies.
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April 01, 2025
Pork Price-Fixing Fight Over Sales Data Swap Heads To Trial
A Minnesota federal court mostly denied Monday a slew of summary judgment motions from Tyson and other pork producers seeking wins in an antitrust suit alleging they conspired with data firm Agri Stats to fix pork prices and reduce supply, teeing up the high-stakes multidistrict litigation for a June trial.
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April 01, 2025
Gov't Says Climate Webpage Takedowns Reflect New Priorities
Environmental groups have failed to show that the U.S. Department of Agriculture must restore certain climate change-focused webpages to its sites, government attorneys have argued, telling a Manhattan federal judge Monday that it's in the public's interest to have government websites that reflect the current presidential administration's priorities.
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April 01, 2025
7th Circ. Upholds Simmons' $8M Chicken Price-Fix Deal
The Seventh Circuit refused to undo an $8 million chicken price-fixing deal between direct buyers and Simmons' Foods that was challenged by Boston Market, which claimed the deal improperly released its bid-rigging claims, noting Tuesday the restaurant provided no evidence the deal is an unreasonably low value for the claims.
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April 01, 2025
Loeb, Skadden Steer Siddhi Acquisition's Upsized $240M IPO
Siddhi Acquisition Corp., backed by food and technology-focused private investors, began trading Tuesday after raising an upsized $240 million initial public offering, represented by Loeb & Loeb LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.
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April 01, 2025
Court Won't Toss FTC's Merger Penalty Case Against 7-Eleven
A D.C. federal court refused to toss the Federal Trade Commission's case looking to hit 7-Eleven with a $77.5 million penalty for allegedly violating a merger settlement after rejecting arguments that only the U.S. Department of Justice can seek civil penalties for the commission.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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March 31, 2025
Hooters Hits Ch. 11 With Plans For Restaurant Sales
Restaurant chain Hooters filed for Chapter 11 protection in a Texas bankruptcy court late Monday with about $380 million in debt, saying it has reached a deal to shed its company-owned restaurants and trade debt for equity.
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March 31, 2025
Minimum Wage Orders Blocked For H-2A Farmworkers In Wash.
The U.S. Department of Labor may not approve minimum wage job orders for migrant farmworkers in Washington state, a federal judge has ruled, saying seasonal farmworkers with H-2A visas must receive paychecks that don't depress agricultural wages in the area.
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March 31, 2025
Agencies Shouldn't Hear PFAS Class Claims, Conn. Court Told
A Connecticut state judge should not dismiss most of a putative class action alleging that Aquarion Water Co. knowingly sold water contaminated with "forever chemicals" because the Eversource Energy unit is wrong that the claims should go before state regulators first, according to the plaintiffs.
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March 31, 2025
Chicken Processor Strikes $7.26M Deal In Wage Suit
A North Carolina chicken processor and workers claiming unpaid wages jointly requested that a federal court greenlight a deal in which the company agreed to pay $7.26 million to the workers.
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March 31, 2025
Trader Joe's Scores Win In Chocolate Heavy Metals Case
Consumers alleging dark chocolate sold by Trader Joe's contains unsafe levels of lead and cadmium cannot pursue some of their state law claims because information about the presence of heavy metals in chocolate has been reasonably available to consumers for decades, a California federal judge ruled.
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March 31, 2025
Nut Butter Co. Says Calif. Rival Copied 'Big Spoon' Trademark
A North Carolina company that makes various nut butters under the name "Big Spoon" is suing a California sauce company for trademark infringement, saying in a federal complaint that the rival business is selling similar products using the same name and confusing customers.
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March 28, 2025
DOJ Alleges Missing Docs In Agri Stats Price-Fixing Case
The U.S. Department of Justice asked a Minnesota federal judge to force Agri Stats Inc. to produce more information in a case alleging the company's industry reports facilitate price-fixing by chicken, pork and turkey producers, raising concerns over widespread discovery failures and "facially unsupported privilege claims."
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March 28, 2025
Grocery Vendor Gets $3M In Atty Fees In Bony Chicken Case
A Washington federal judge has awarded an Evergreen State grocery vendor about $3 million in attorney fees following its $10.5 million jury trial win in its case blaming a poultry producer for a lost chicken burger deal with Trader Joe's, acknowledging the "excellent work" of the plaintiff's counsel while stopping short of granting the full $4.5 million fee request.
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March 28, 2025
Judge Ends $400M Air Force Base PFAS Contamination Case
A Court of Federal Claims judge has dismissed a $400 million lawsuit from New Mexico landowners alleging that PFAS runoff from a nearby U.S. Air Force base contaminated their land, saying they hadn't shown any taking by the government.
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March 28, 2025
Kroger, Albertsons Appeal Block Of $24.6B Merger
Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.