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Food & Beverage
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February 03, 2025
5th Circ. Panel Split On NLRB Case After Post-Loper Remand
Members of a Fifth Circuit panel appeared split Monday about whether to once again uphold a National Labor Relations Board decision letting its acting prosecutor pull a pending suit in the wake of the U.S. Supreme Court's decision last year to scale back courts' deference to federal agencies.
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February 03, 2025
Canada, Mexico Would Likely Get 'Symbolic' Wins On Tariffs
Canada and Mexico inked deals with the Trump administration on Monday to win a 30-day reprieve on a blanket 25% tariff slated to be imposed on nearly all of their U.S.-bound exports. But if the tariffs are eventually enacted and the United States' North American neighbors seek out relief from international tribunals, experts say Washington would probably lose — but that result probably wouldn't change much.
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February 03, 2025
Canada Gets Trump Tariffs Paused After Retaliation Threats
Canada and the U.S. have agreed to pause planned tariffs for at least 30 days while the two countries try to work out an agreement, Canadian Prime Minister Justin Trudeau and U.S. President Donald Trump said late Monday afternoon, an announcement that came after Canada floated retaliatory tariffs earlier in the day and said it would rip up a contract with Elon Musk's Starlink.
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February 03, 2025
Food Plant Says AIG, Others Stalling Fire Payout
A Massachusetts food plant that sustained extensive damage in two fires 10 days apart last year says its insurers, led by AIG, have covered just 1% of its losses and appear to want the company to pay two deductibles totaling nearly $10 million, despite findings that the two fires were connected.
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February 03, 2025
Kroger, Albertsons No-Poach Suit Back In Colo. Court
A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.
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January 31, 2025
McDonald's Settles Suit Over Latino College Scholarships
McDonald's told a Tennessee federal court on Friday that it is revising its Latino scholarship program to get rid of requirements for applicants to be of Hispanic or Latino heritage, ending a lawsuit lodged by a group that had successfully sued Harvard University over its affirmative action policies.
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January 31, 2025
$577M In Virus Fraud Cases At Risk Unless Congress Acts: IG
The federal government's top pandemic relief watchdog has issued an urgent plea for Congress to save his agency from imminent closure, warning that hundreds of millions of dollars in ongoing fraud investigations hang in the balance.
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January 31, 2025
En Banc Pa. Court Restores $2.3M Injury Award Against Domino's
A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.
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January 31, 2025
Hippie Whippy Nitrous Maker Hit With Wrongful Death Suit
The family of a Detroit-area man killed during a head-on collision is suing Elite Gas LLC, the manufacturer of nitrous oxide product Hippie Whippy, and a number of Michigan retailers, claiming that the fatal crash was caused by another motorist who was inhaling their product.
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January 31, 2025
DOJ Says Agri Stats Case About 'Broad' Ploy, Not Specific Data
The U.S. Department of Justice urged a Minnesota federal judge not to turn its antitrust case against Agri Stats into something it isn't: a line-by-line recitation about particular problematic data fields in the company's protein industry reports, rather than "a broad, multifaceted, and interconnected information exchange conspiracy."
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January 31, 2025
January's IPO Market Was Active Despite Tepid Debuts
Capital markets lawyers kept busy in January thanks to a sizable increase in initial public offerings, but the largest IPOs performed weaker than expected, likely sobering market participants' expectations going forward.
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January 31, 2025
Texas Demands Jury Trial In 'Forever Chemical' Suit
The state of Texas called on a federal judge to grant it a jury trial in litigation against 3M, DuPont and others for alleged "misrepresentations and key omissions" they made about so-called forever chemicals.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
After High Court, SuperValu's $123M FCA Case Heads To Trial
SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.
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February 03, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Judge Approves TGI Fridays To Sell 17 More Restaurants
A Texas bankruptcy judge on Friday approved TGI Fridays' sale of 17 restaurant locations for more than $3 million after the casual-dining chain resolved objections over protections for its landlords.
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January 31, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen another claim by Woodford investors against Hargreaves Lansdown in the widening £200 million ($248 million) dispute over the fund's collapse, a solicitor barred for his role in a suspected advance fee fraud face action by a Swiss wholesaler, and The Resort Group, which markets investments in luxury hotel resorts, hit with a claim by a group of investors. Here, Law360 looks at these and other new claims in the U.K.
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January 30, 2025
Grocery Chain Investor Sues Over Systems Upgrade Claims
Discount grocery operator Grocery Outlet Holding Corp. and two of its executives face a proposed investor class action alleging they failed to offer realistic forecasts for the company's internal systems upgrade process, hurting investors after they were forced to acknowledge systems transition issues had hurt profits.
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January 30, 2025
Topgolf Underpays Its Servers, Class Action Says
Sports entertainment chain Top Golf USA Inc. and two affiliates were hit with a proposed class action in Georgia federal court over allegations they improperly claimed a tip credit that lowered employees' wages to below the statutory minimum.
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January 30, 2025
Erewhon, Mother's Market Sued Under Prop 65 For Lead In Chips
Erewhon and Mother's Market & Kitchen sold kale chips with cadmium and lead, which could cause cancer and reproductive harm, a consumer protection group said Wednesday in a complaint in California state court that seeks to hold them liable for violations of Proposition 65.
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January 30, 2025
Perdue Loses Bid To Halt DOL's Whistleblower Process
Perdue can't block the U.S. Department of Labor's administrative proceedings for whistleblower complaints, a North Carolina federal judge has concluded, saying the chicken producer failed to show why the proceedings should be stopped urgently.
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January 30, 2025
Ex-Partners Used Co. Money For Other Biz Ventures, Suit Says
A Colorado restaurant company is suing two former managing members for "brazen and wide-ranging fraud" against the company, alleging the members used company coffers to fund employees and expenses for their own business ventures.
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January 30, 2025
1st Circ. Restores Endangered Whale's Cape Cod Protections
The First Circuit on Thursday upheld the National Marine Fisheries Service's decision to seasonally ban some lobster and crab fishing equipment near Cape Cod in order to protect endangered North Atlantic right whales.
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January 30, 2025
Amazon Can't Lob 'Hail Mary' In Price-Gouging Suit, AG Says
Washington's attorney general said Wednesday that Amazon can't dodge a proposed class action alleging price-gouging during the COVID-19 pandemic, telling a federal judge that a pivotal state high court ruling in the case was clear on how Washington law allows the consumers to sue.
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January 30, 2025
Historic Soda Co. Says Ex-Officer's Lease Suit Is 'Revenge'
Foxon Park Beverages Inc., a century-old soft drink maker in Connecticut, has asked a state court judge to dismiss a lawsuit alleging that it entered into an unfair lease agreement with another company owned by the same family, arguing that the entities' former president brought it for an improper purpose.
Expert Analysis
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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.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.