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Food & Beverage
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July 30, 2024
FTC Seeks Temporary Kroger-Albertsons Block In Oregon
The Federal Trade Commission is formally seeking a temporary block against Kroger's proposed purchase of Albertsons, arguing in an Oregon federal court brief unsealed Tuesday that the planned divestiture of 579 stores to a "failed" supermarket boss won't adequately protect consumers or union labor facing dramatically increased concentration.
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July 30, 2024
Starbucks Gets White Ex-Worker's Bias Suit Pared Down
A New Jersey federal judge on Tuesday trimmed a white former Starbucks store manager's lawsuit alleging she was fired to help the coffee company save face amid accusations of discrimination against Black workers, ruling she filed several claims too late.
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July 30, 2024
10th Circ. Shields Feds From Fire Mismanagement Suit
The U.S. Forest Service doesn't have to face allegations it mismanaged the response to two Utah wildfires in 2018, the Tenth Circuit said Tuesday.
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July 30, 2024
Psychedelics And The Law: A Midyear Review
A groundbreaking effort to secure federal approval for a psychedelic medication hit an unexpected snag. Religious groups asserting the right to access controlled substances had mixed success in federal court. Physicians seeking to administer psilocybin to terminally ill patients will finally have their day in court. Here are the major developments in psychedelics law from the first half of 2024.
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July 30, 2024
Trade Court OKs Erasure Of Duties On Chinese Xanthan Gum
The U.S. Court of International Trade blessed the U.S. Department of Commerce's decision to wipe out antidumping duties on Chinese xanthan gum.
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July 30, 2024
What Mass. Attys Will Be Watching In The 2nd Half Of 2024
Two potentially sweeping Massachusetts high court rulings and a long-awaited employment bill lingering in the State House are among the issues Bay State attorneys say they are monitoring closely heading into the latter half of 2024.
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July 29, 2024
S. Africa Advances WTO Citrus Cases To Panel Stage
South Africa is advancing legal challenges against measures the European Union imposed on citrus imports to guard against infestation by both a specific species of moth and a fungus that blemishes fruit rinds, calling for the establishment of two World Trade Organization dispute panels.
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July 29, 2024
Utah Biz Groups Latest To Challenge Corp. Disclosure Law
Several small-business associations in Utah became the latest group to challenge the Corporate Transparency Act's disclosure requirements, telling a federal court Monday the statute violates several constitutional provisions, including the guarantee of due process.
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July 29, 2024
Panera Franchisee Ends Pagan Worker's Religious Bias Suit
A Panera franchisee and a former employee alerted a Pennsylvania federal court Monday that they've agreed to resolve the ex-worker's suit claiming she was harassed out of her job when she disclosed that she practiced neopaganism.
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July 29, 2024
Judge Ends Coverage Quest, Calls $2.7M Loss 'Foreseeable'
An Arizona federal judge granted a quick win to an insurer over $2.7 million in water damage losses claimed by an Arizona landlord, finding the losses were "foreseeable" and therefore not covered by the all-risk policy.
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July 29, 2024
9th Circ. Rules Pretrial Inmates Aren't Entitled To Min. Wage
The California Supreme Court made clear that state law doesn't cover pretrial detainees' wage claims, the Ninth Circuit ruled, flipping a lower court's decision denying a California county and a correctional services company's bid to toss a wage suit.
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July 29, 2024
6th Circ. Revives Challenge Of Clean Water Rule
Just 11 days after oral arguments, the Sixth Circuit on Monday revived Kentucky and industry groups' challenges to a federal government rule defining the scope of the Clean Water Act, finding a district court judge had improperly dismissed the case.
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July 26, 2024
Farmworkers' Children, Corteva Settle Pesticide Injury Claims
Children of migrant farmworkers, Corteva Inc. and its subsidiary Pioneer Hi-Bred International Inc. asked an Illinois federal judge Friday to greenlight their confidential settlement resolving claims that the children were injured when they were crop-dusted with pesticides during a corn-pruning operation.
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July 26, 2024
Abbott Owes $495M In Baby Formula Bellwether Trial
A Missouri jury awarded $95 million in compensatory damages and $400 million in punitive damages Friday over bellwether claims that Abbott Laboratories' baby formula caused a premature baby to suffer a fully disabling condition.
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July 26, 2024
DC Circ. Axes Agriculture Department's $1M Fine On Amazon
E-commerce giant Amazon doesn't owe $1 million to the U.S. Department of Agriculture after the D.C. Circuit on Friday undid an order concluding Amazon facilitated unlawful plant and animal product importation, finding that the online retailer didn't knowingly assist the purported infractions.
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July 26, 2024
1st Circ. Says Juror's FB Likes Can't Nix Equal Pay Verdict
A female sales representative for a beer and wine distributor can't get a new trial in her equal pay and discrimination suit because a Maine federal court correctly turned down her arguments that a juror was biased, the First Circuit ruled.
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July 26, 2024
Data Co. Told To Turn Over Contracts In Kochava Case
A D.C. federal judge plans to order TargetSmart to turn over supplier contracts to the Federal Trade Commission in the agency's case against TargetSmart client Kochava on Friday, after TargetSmart's attorney said she was "99% sure that there was no due diligence done by Kochava" regarding the data's provenance.
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July 26, 2024
Feds Invest $240M In Pacific Tribal Fish Hatchery Efforts
Hatcheries that produce Pacific salmon and steelhead will get $240 million in federal funding as the U.S. Department of the Interior and the Commerce Department look to restore fish in the Columbia River Basin and mitigate the impacts of dams on tribes, the U.S. government said.
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July 26, 2024
Domino's Says Driver's Atty Should Pay Up For Doomed Suit
Domino's Pizza said Thursday a law firm that lost a case claiming delivery drivers weren't properly reimbursed for expenses should know its new suit against the company will fail for the same reasons, asking a Michigan federal judge for sanctions because the firm should know the new plaintiff must also arbitrate her claims.
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July 26, 2024
Tyco Inks Deal With Insurer Over Foam MDL Coverage
Firefighting foam maker Tyco Fire Products LP told a South Carolina federal judge Friday that it reached a tentative settlement with one of several of its insurers to resolve its fight to score coverage in sprawling multidistrict litigation over pollution from so-called forever chemicals.
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July 26, 2024
Ohio McDonald's Properly Valued At $1.9M, Board Says
An Ohio McDonald's was properly valued at $1.9 million by the county appraiser, the state Board of Tax Appeals ruled Friday, rejecting the business's bid to have the value lowered to $1.18 million.
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July 26, 2024
Ohio Justice Blasts Jury-Less Result In Wing Injury Case
An Ohio Supreme Court justice accused his colleagues of "a serious, perhaps disingenuous, lack of perspective" for their position that a man who injured himself swallowing a bone inside a chicken wing marketed as boneless should have suspected the offending object might intrude upon his meal.
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July 26, 2024
Cannabis Litigation To Watch: Delta-8 And Residency Rules
In the first half of 2024, a series of lawsuits taking aim at state hemp restrictions and another set of suits challenging purported residency criteria in state cannabis licensure programs were briefed in multiple appellate courts across the country.
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July 26, 2024
Subway Franchisor Wants Award Redo In Scrapped Pact Fight
The Subway sandwich chain's Canadian franchisor has urged a New York federal judge to amend his recent order granting a development company's petition to enforce an arbitral award, saying he wrongly refused to let it argue an important point about the arbitration process.
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July 26, 2024
Colorado Cases To Watch 2024: A Midyear Report
Colorado is at the forefront of state challenges to Kroger's $24 billion proposed merger with Albertsons, regulators are defending a high-cost lending crackdown, and state justices could change how insurers navigate bad faith suits. Here are some of the Colorado cases to watch in the second half of 2024.
Expert Analysis
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Calif. Web Tracking Cases Show Courts' Indecision Over CIPA
Several hundred cases filed to date, and two recent conflicting rulings, underscore California courts' uncertainty over whether the use of web analytics tools to track users' website interactions can give rise to a violation of the California Invasion of Privacy Act, says Patricia Brum at Snell & Wilmer.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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'Food As Health' Serves Up Fresh Legal Considerations
The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.
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After Years Of Popularity, PAGA's Fate Is Up In The Air
The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.