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Food & Beverage
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January 15, 2025
Abbott's Toddler Nutrition Drinks Aren't Healthy, Parents Claim
A trio of parents filed a proposed false advertising class action in Illinois federal court Tuesday alleging Abbott Laboratories touts its toddler drinks sold under the Similac brand as nutritionally proper for children ages 12 months to 36 months, even though the products contain added sugar which is harmful to health.
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January 15, 2025
Buyers In Cheese Co. Deal Fight To Keep Claims In Fla.
Two Florida companies asked the Eleventh Circuit on Wednesday to revive their lawsuit accusing Savencia Cheese USA LLC and its executives of fraudulently selling them a worthless cheese distribution company for $17 million, arguing the presence of deal counsel in Miami is enough to keep the suit in Florida federal court.
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January 15, 2025
Grocer, Insurers Must Produce Docs In NC Opioid Row
A North Carolina state court issued a discovery decision in a dispute between grocery chain Harris Teeter Supermarkets Inc. and a slew of its insurers over coverage for about 100 lawsuits seeking damages related to the opioid epidemic, telling the parties to hand over certain documents from between 1993 and 2014.
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January 15, 2025
Pa.-Based Friendly's Franchisees Freed From Wage Theft Suit
A New Jersey federal court dismissed Pennsylvania-based Friendly's franchise restaurants from a former server's proposed class action accusing several franchises of failing to pay tipped workers a minimum wage for the nontipped work they performed, but determined the worker showed she was harmed by the practices she alleges.
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January 15, 2025
In-N-Out Hit With Don-Doff Pay Suit By Former Workers
A group of former In-N-Out employees slapped the fast-food chain with a lawsuit in California state court accusing it of requiring them to remain on-call during breaks, and failing to reimburse them for time spent off-the-clock changing into and out of their uniforms before and after their shifts.
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January 15, 2025
Celsius Drink Co. Overstated Pepsi Partnership, Investor Says
Energy drink company Celsius Holdings Inc. has been hit with a proposed shareholder class action accusing it of touting the initial success of its partnership with PepsiCo Inc. to conceal that its rapid growth rate was unsustainable.
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January 15, 2025
Judge Warns DOJ: Settle Burger Forfeiture Suit Or Pay Up
A Michigan federal judge on Tuesday expressed frustration with Justice Department officials' delays in resolving a civil forfeiture action over an alleged $11 million healthcare fraud scheme involving money laundered through Big Boy Restaurant, telling federal prosecutors they have until next week to settle the case or pay the chain's recent legal bills.
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January 15, 2025
Chubb Unit Seeks Exit From Bar's $105M Drunken Driving Suit
A Chubb unit said it no longer owes coverage to a bar appealing a $105 million judgment related to a drunken patron's car crash, telling a Texas federal court the bar violated the terms of the policy by refusing to cooperate with the insurer's defense.
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January 15, 2025
FDA Bans Red Dye No. 3, Citing Cancer Link In Animal Studies
The U.S. Food and Drug Administration on Wednesday said that it is banning the use of a red dye, Red No. 3, which gives food and drinks a bright red color but has also been linked to cancer in animals.
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January 15, 2025
Canada Greenlights $18B Viterra-Bunge Grain Deal
The Canadian government has approved grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. for $18 billion, but with "extensive" conditions, including Bunge having to invest at least $520 million in Canada over the next five years.
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January 15, 2025
Mass. Justices Bolster Local Enforcement Of Tobacco Laws
Massachusetts' highest court ruled Wednesday that local public health officials do not have to go to court to fine businesses caught violating the state's tobacco laws, including restrictions on the sale of flavored products.
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January 15, 2025
Poultry Co. Cuts Deal To End Black Ex-Worker's Bias Suit
A major poultry processor agreed to settle a Black former employee's suit claiming he was targeted for punishment after complaining that a nonwhite worker received a harsher penalty than a white worker for the same safety violation, according to a docket entry in North Carolina federal court.
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January 15, 2025
FTC Brings Right-To-Repair Suit Against John Deere
The Federal Trade Commission slapped John Deere with a repair monopoly lawsuit in Illinois federal court Wednesday, adding to proposed class actions alleging the company illegally withholds access to needed repair tools from farmers, even in the face of mounting public pressure.
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January 15, 2025
Justices Say Nixing Federal Claims Ends Federal Jurisdiction
The U.S. Supreme Court on Wednesday said a proposed class action over alleged mislabeling of prescription dog food was appropriately sent back to state court, holding that once the plaintiff dropped her federal claims, the federal courts no longer had jurisdiction.
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January 14, 2025
ACT Mouthwash Label Poses Risk For Kids, Parents Claim
Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.
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January 14, 2025
Vt. Judge Upends Visa Denial For José Andrés Ham Carver
A Vermont federal judge has said the federal government's denial of celebrity chef José Andrés' restaurant group's petition to classify a Spanish national, who works as a "master ham carver," as an individual "of extraordinary ability" was arbitrary and capricious.
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January 14, 2025
EPA Warns Of Possible Forever Chemical Risk In Fertilizer
The U.S. Environmental Protection Agency on Tuesday said that forever chemicals present in fertilizers could pose a health risk to people living or working on or near farms, a finding that could result in new regulations.
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January 14, 2025
1st Circ. Won't Revive Cape Cod Restaurants' Ordinance Case
The First Circuit has declined to revive a case brought by two restaurants on Cape Cod, Massachusetts, that alleged they were selectively targeted with enforcement of a municipal noise ordinance and COVID-19 restrictions, saying the eateries failed to make a proper showing that their constitutional rights were violated.
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January 14, 2025
Wage Violations Get NC Farmers Kicked Out Of H-2A Program
A North Carolina father and daughter must pay $166,000 in fines and face a three-year debarment from the H-2A seasonal worker program for various violations, including underpaying farmworkers, the U.S. Department of Labor said Tuesday.
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January 13, 2025
Meat Giant JBS To Address Child Labor In $4M DOL Deal
The U.S. Department of Labor announced Monday that it secured an agreement with JBS USA Food Co. that requires the meatpacking processor and slaughterhouse giant to put $4 million towards helping those affected by unlawful child labor practices.
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January 13, 2025
Amid Claims Of Agency Bias, DEA Judge Nixes Pot Hearings
A Drug Enforcement Administration tribunal on Monday canceled planned hearings on the merits of a proposal to loosen federal restrictions on marijuana so that pro-rescheduling parties can bring their allegations of agency bias straight to the DEA's administrator.
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January 13, 2025
Justices Urged To Uphold 'Sanctity' Of $11M Patent Verdict
The Federal Circuit disrespected "the sanctity of jury verdicts" when ordering a jury to revisit Provisur Technologies' $10.5 million willful infringement award, the company told the U.S. Supreme Court in a new petition.
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January 13, 2025
McDonald's Sued Over College Scholarship For Latinos
The same organization that successfully sued Harvard University over its affirmative action policies targeted McDonald's with a lawsuit in Tennessee federal court Sunday over its Latino scholarship program, arguing it violates a federal statute governing equal rights under the law.
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January 13, 2025
They Don't Do IP Like That In Europe, Justices Told
The U.S. manufacturing lobby has told the U.S. Supreme Court that a recent Federal Circuit decision that wiped out patents covering an artificial sweetener used in Coke Zero is inconsistent with patent laws in Europe, China and other Asian countries.
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January 13, 2025
Trump Taps Gibson Dunn Partner For EPA's No. 2 Post
President-elect Donald Trump said he intends to nominate David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post during his administration.
Expert Analysis
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Why K-Cup Claims Landed Keurig In Hot Water With SEC
The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.