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Food & Beverage
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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.
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September 19, 2024
Feds Defend At-Sea Monitoring Rule Despite Chevron Demise
The federal government is defending its power to require fishermen to partially fund the cost of compliance monitors aboard their ships, arguing to the D.C. Circuit that the demise of the so-called Chevron deference doesn't change the fact that federal law authorizes the at-sea monitoring rules.
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September 19, 2024
Nantucket Festival Owner Says Rival Exploiting Discovery
The longtime operator of a wine and food festival on Nantucket says a competitor who started a similarly named event is now trying to take advantage of a court order by making "improperly broad and harassing discovery requests" to further undermine her business.
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September 19, 2024
11th Circ. Asked To Revisit Coverage Ruling Over Comma
Food company owner ECB USA Inc. is asking the Eleventh Circuit to reconsider a decision clearing a Chubb insurance unit from covering a $4.2 million settlement agreement over the lack of a comma in a professional services policy, arguing the ruling misapplied New Jersey law.
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September 18, 2024
Mich. Justices Continue To Fight Over Minimum Wage Ruling
Michigan's minimum wage will rise to $12.48 an hour in February, the state Supreme Court confirmed Wednesday in an order that settled a debate over how to calculate the new wage floor, but rehashed internal disagreements over the court's July decision to increase the minimum wage.
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September 18, 2024
Modelo Says Texas Beer Co. Ripping Off Corona, Other Brands
Modelo and Constellation Brand have sued a Texas-based beer distribution company in federal court, accusing it of selling and advertising beer products that imitate the names, color schemes and marks of their beers, including Corona, Pacifico, Barrilito and Victoria.
Expert Analysis
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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.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Constitutional Protections For Cannabis Companies Are Hazy
Cannabis businesses are subject to federal enforcement and tax, but often without the benefit of constitutional protections — and the entanglement of state and federal law and conflicting judicial opinions are creating confusion in the space, says Amber Lengacher at Purple Circle.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Anticipating Disputes In Small Biz Partnerships And LLCs
In light of persistently high failures of small business partnerships and limited liability companies, mediator Frank Burke discusses proactive strategies for protecting and defining business rights and responsibilities, as well as reactive measures for owners.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.