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Food & Beverage
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February 24, 2025
Baby Bottle Cos. Get Parts Of Microplastics Suit Tossed
Parents who sued Philips over allegations that microplastics leach from its "BPA free" baby bottles and sippy cups saw their lawsuit partially trimmed, after a California federal judge said that the company's label isn't misleading because it doesn't promise the products are "devoid of all harmful plastic."
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February 24, 2025
EEOC Gets OK To Advance Male Bias Suit Against Sports Bar
A North Carolina federal judge on Monday rejected Battleground Restaurants Inc.'s bid to dismiss the U.S. Equal Employment Opportunity Commission's lawsuit alleging the company systematically refused to hire men for front-of-house jobs at its Kickback Jack's sports bar, saying the commission has met the pleading standards for the claims.
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February 24, 2025
Fed. Circ. Revives Irish Food Biz Kerry's Meat-Curing Patent
Irish food flavoring business Kerry Group persuaded the Federal Circuit on Monday to order administrative patent board judges to take another look at a patent the company owns covering a purportedly new way to prepare cured meats.
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February 24, 2025
Feds Fight Reinstatement Of Ousted Inspectors General
The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.
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February 24, 2025
UK Reinsurer Can't Challenge Tyson's Fire Coverage Ruling
A British reinsurer cannot challenge a decision barring it from pursuing arbitration in New York against the captive insurer for Tyson Foods in a coverage dispute stemming from a fire at an Alabama plant owned by the food giant, a London court ruled.
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February 24, 2025
Prior Deal Bars Wage Suit Against Manufacturer, Panel Says
A California appeals court declined to reinstate a wage and hour suit against a flavor manufacturing company, saying the case is blocked by a prior settlement resolving identical claims against the staffing firm that placed workers with the company.
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February 24, 2025
Justices Won't Review Overturned Slicer Patent Verdict
The U.S. Supreme Court on Monday rejected Provisur Technologies Inc.'s appeal arguing that its right to a jury trial was violated when the Federal Circuit overturned a jury verdict that Weber Inc. willfully infringed its food slicer patents in a $10.5 million case.
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February 21, 2025
9th Circ. Revives Atty's Ownership Claims Over Calif. Winery
A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.
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February 21, 2025
Dispute Over FDA Menthol Cigarette Ban Paused Until August
A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.
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February 21, 2025
NY Restaurant $725K Wage, Tip Deal Served Final OK
A federal judge approved a $725,000 deal to resolve a proposed class action accusing a New York City restaurant of stiffing service workers on wages and misapplying a tip credit to their overtime pay, according to a federal court filing.
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February 21, 2025
Stop & Shop, Ex-Manager Agree To End Long COVID Suit
A Connecticut federal judge on Friday agreed to dismiss a former Stop & Shop manager's lawsuit accusing the supermarket chain of firing him for taking medical leave due to long COVID-19 symptoms, one day after the parties said they wished to end litigation.
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February 21, 2025
Kroger Workers' $21M Pay System Outage Deal Gets First Nod
An Ohio federal judge preliminarily approved a $21 million deal between The Kroger Co. and a proposed class of around 47,000 workers who accused it of missing paychecks and making inaccurate deductions to their wages after it switched payroll systems.
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February 21, 2025
UK Sticks With Inheritance Tax Changes Amid Higher Revenue
A U.K. budget surplus, reported Friday, indicates that the Labour government shows no sign of compromising with its inheritance tax changes as tax receipts rise despite the implications for middle-class families and farmers.
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February 21, 2025
Freshfields Guides Celsius On $1.8B Alani Energy Brand Buy
Freshfields US LLP is advising Celsius Holdings Inc. on a new agreement to acquire Alani Nutrition for $1.8 billion, in a push from one of the leading U.S. energy drink companies to bolster its appeal to women and younger consumers.
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February 20, 2025
COVID Fraud Drove Record FCA Caseload, Gov't Officials Say
Federal officials said that the record-setting number of whistleblower False Claims Act cases filed in 2024 was likely driven by COVID-19-related fraud, with the use of data mining having an outsized role in those cases.
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February 20, 2025
McDonald's Gets Ex-Execs' 4th Depo, Some Fees In Bias Case
Two former McDonald's executives pursuing race bias claims against the fast-food giant must sit for a fourth deposition and pay certain costs after their attorneys produced more than 1,700 documents their previous counsel had failed to disclose in the case, an Illinois federal judge has said.
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February 20, 2025
DOJ Keeps Focus In Agri Stats Case Off Specific Data
A Minnesota federal magistrate judge refused Wednesday to force the U.S. Department of Justice to provide Agri Stats a line-by-line recitation of particular problematic data fields in the company's protein industry reports, finding the agency's explanations about how those reports can facilitate price-fixing are "adequately responsive."
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February 20, 2025
Green Groups Ask 9th Circ. To Press EPA Again On Atrazine
Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."
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February 20, 2025
Publix Accused Of Overcharging Discounted Items In Fla. Suit
A customer has brought a proposed federal class-action lawsuit in Florida federal court against Publix Super Markets Inc. over alleged deceptive trade practices, saying the grocery store's point-of-sale system intentionally charged more for discounted items sold by weight.
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February 20, 2025
Nootropics Co. Can't Push Nurse's Suit To Arbitration
Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.
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February 20, 2025
2nd Circ. Agrees Parts Of NY Ag Labor Law Can Stand
Portions of a New York agricultural labor law related to a card-check process for unionization and impasse arbitration can stand, the Second Circuit ruled, upholding a lower court's partial denial of an injunction bid from a farming group based on due process and other constitutional claims.
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February 19, 2025
Contractors' Group Asks DC Judge To Halt Gutting Of USAID
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development is the latest to ask a federal judge to step in and block the Trump administration's push to gut the agency and its operations.
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February 19, 2025
Alaskan Village Says Its Immune From Residents' Casino Suit
An Alaskan Native village is asking a federal district court to dismiss a challenge by a group of Anchorage residents that seeks to block its plans for a 58,000-square-foot casino, arguing that it is a required party in the litigation that has not waived its sovereign immunity.
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February 19, 2025
Constellation Brands Faces Investor Suit Over Profit Slump
Alcoholic beverage company Constellation Brands Inc. has been hit with a proposed shareholder class action alleging it misled investors about attempts to revive its wine and spirits business, which were reportedly shown to be ineffective when the company announced quarterly earnings last month.
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February 19, 2025
Hemp Cos. Drop Suit Challenging Va. THC Regulations
A hemp product maker and retailer on Wednesday dropped their suit in federal court challenging a Virginia law restricting the sale of hemp-derived intoxicants a month after the Fourth Circuit affirmed that the law was not preempted by the 2018 Farm Bill that legalized the sale of industrial hemp.
Expert Analysis
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Surprise NC COVID Ruling Revises Reasonable Expectations
The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.