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Food & Beverage
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March 17, 2025
Burger King Workers Defend Revived No-Poach Case
Burger King employees are defending their proposed class action over the fast-food chain's past use of no-poach provisions in its franchise agreements, as the restaurant urges a Florida federal court to toss the claims despite an appeals court reviving them in 2022.
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March 17, 2025
Hershey Customer Agrees To End Metals-In-Chocolate Suit
A Hershey customer has agreed to permanently end her suit accusing the confectionery giant of selling dark chocolate products containing dangerous levels of heavy metals, but left open the opportunity for absent proposed class members to pursue claims, according to a notice filed Monday in California federal court.
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March 17, 2025
Gorilla Mind Accuses Rival Of Infringing TM For Energy Drinks
A company that sells energy drinks and dietary supplements called "Gorilla Mind" and "Gorilla Mode" has sued a rival for launching competing products in December with "Gorilla" in the name, alleging it has caused confusion in the energy drink market.
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March 17, 2025
Co. Mislabeled Migrant Workers To Skirt Higher Pay, Suit Says
A Colorado company called over 200 migrant workers "agricultural equipment operators" instead of truck drivers to pay them lower wages, even though their job was to haul product across state lines in trucks, not operate agricultural equipment in fields, a new proposed class action in Colorado federal court alleges.
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March 17, 2025
Wash. AG Seeks $32M In Legal Fees In Kroger Merger Case
Washington's attorney general said the state is entitled to recover $32.4 million in legal fees for prevailing in its lawsuit opposing Kroger's $24.6 billion bid to buy Albertsons, including nearly $10 million for Munger Tolles & Olson LLP's assistance in the state court case.
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March 17, 2025
Ex-Freshpet Seller Wins Breakup Fee But May Still Owe $8M
Pet food maker Freshpet is liable for $5 million for aborting a distribution agreement it had with an animal food distributor, a Pennsylvania federal judge ruled Monday, reasoning that there was no dispute that the contract had been breached.
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March 17, 2025
Asylum-Seeker Says Biz Owner Forced Him Into 'Servitude'
A Colorado business owner forced a Venezuelan migrant into working 100 hours a week without any pay and dangled the potential deportation of him and his family over his head so he wouldn't quit, a lawsuit filed in federal court said.
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March 17, 2025
PepsiCo Buying Poppi Prebiotic Soda Brand In $1.65B Deal
PepsiCo Inc. said Monday it has agreed to pay $1.65 billion for the "better-for-you" prebiotic soda brand Poppi, as the beverage giant looks to capitalize on growing consumer interest in health and wellness.
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March 14, 2025
Dunkin' Nears End To ADA Suit Over Milk Alternative Charges
A California federal judge indicated Friday that she's ready to toss a proposed class action claiming doughnut chain Dunkin' violates the Americans with Disabilities Act by charging extra for beverages with nondairy milk after noting that the chain announced it would no longer charge extra for nonlactose alternatives.
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March 14, 2025
Chocolate-Makers Can't Keep Child Labor Suit In Fed. Court
Mars Inc. and other chocolate-makers have lost their bid to keep in federal court a suit claiming they falsely advertised their products as being made without child slave labor, with a federal judge finding the alleged damages weren't high enough to trigger federal jurisdiction.
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March 14, 2025
Md. Judge Joins Calif. In Reversing Federal Workers' Firing
A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.
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March 14, 2025
Texas Restaurant Offered Worker $1K, Seeks To End Tip Suit
A Houston-area restaurant told a Texas court Friday that it offered $1,000 to a former server who claimed it failed to inform her that she would have to pay for her uniforms, saying the worker's proposed collective action should be tossed.
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March 14, 2025
LA Lands Deal With Airline Caterer To End Wage Law Dispute
An airline caterer accused of violating a Los Angeles city ordinance through its pay practices told a California federal court it resolved its dispute with the city, which had launched an investigation, after the caterer settled claims with a class of employees, according to City Council meeting records.
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March 14, 2025
Judge Vacates Baby Formula Trial Win For Abbott, Mead
A Missouri judge on Thursday threw out a jury verdict that cleared Abbott Laboratories and Mead Johnson of liability in a joint trial over claims their baby formula causes a serious condition in preterm infants, saying a new trial is necessary because the defense "intentionally violated the court's orders and rulings by improperly introducing the inadmissible evidence to the jury, time after time."
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March 14, 2025
Starbucks Ordered To Pay $50M In Burn Injury Case
A California state jury in Los Angeles awarded $50 million Friday to a delivery driver burned by hot water at a Starbucks drive-through window, roughly splitting the difference between the parties' suggested damages.
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March 14, 2025
6th Circ. Rejects Tribe's Appeal Of Great Lakes Fishing Pact
A Sixth Circuit panel upheld a 2023 decree governing fishery management in the Great Lakes on Thursday, finding that a Michigan federal judge had the prerogative to enter the decree over the objections of a Native American tribe.
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March 14, 2025
Hemp Farm's Fees Bid 'Excessive,' Colo. Judge Finds
A Colorado magistrate judge has found that a hemp farm can collect reasonable attorney fees and costs from a business partner that breached a memorandum of understanding related to a mid-litigation audit, but scolded the farm for its "excessive" calculation, which includes hours billed long before the memorandum was even signed.
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March 13, 2025
Starbucks Burn Victim Deserves Up To $125M, Jury Told
Lawyers for a man burned by hot water at Starbucks made their final appeal Thursday in California state court for an award of up to $125 million for "injury and damage to every facet of his life," as the corporation insisted it wasn't clear all the injury stemmed from the spill.
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March 13, 2025
Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.
A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.
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March 13, 2025
Snack Maker Sued Over No-Preservative Label Claims
Chip company Late July Snacks LLC has misled consumers into thinking its nachos and other tortilla products are "all natural," when in reality, they contain an artificial preservative, according to a woman's proposed class action removed Wednesday by the company to California federal court.
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March 13, 2025
Buehler's Managers Say Grocery Chain Flouts OT Laws
Grocery chain Buehler's Fresh Foods is accused of failing to pay overtime wages to catering, produce, kitchen and bakery managers who put in more than 40 hours per workweek but were wrongly classified as exempt, according to a proposed collective action filed in Ohio federal court.
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March 13, 2025
Bumble Bee Foods Accused Of Benefiting From Forced Labor
Four Indonesian villagers who allege they were trapped in abusive and dangerous slave-working conditions for years aboard tuna fishing vessels sued Bumble Bee Foods LLC in California federal court, accusing the seafood giant of knowingly benefiting from forced labor in violation of the Trafficking Victims Protection Act.
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March 13, 2025
Home Chef, Staffing Co. Sued Over Harassment Firing
A staffing agency and Relish Labs LLC, the legal entity behind meal kit delivery service Home Chef, have been sued in Georgia federal court by a former employee who alleged she was fired after reporting sexual harassment she suffered at the hands of a co-worker.
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March 13, 2025
ADM Can't Duck Suit Over Nutrition Biz Investigation
An Illinois federal judge has refused to dismiss an investor suit claiming that the purported growth of Archer Daniels Midland's nutrition segment was based on improper accounting practices, saying the shareholders have made "robust" allegations that company executives made knowingly false statements about its profitability.
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March 13, 2025
Chubb Unit Can't Depose Smithfield CLO After 5-Year Lag
North Carolina's Business Court judge shut down a late deposition motion by a Chubb subsidiary seeking testimony from Smithfield Foods Inc.'s chief legal officer, criticizing the insurer for purportedly trying to open a "back door" to the coverage lawsuit's already-closed discovery process.
Expert Analysis
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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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.