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Food & Beverage
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April 02, 2025
9th Circ. Doubts Bang Energy Founder's $272M Verdict Appeal
A Ninth Circuit panel expressed skepticism Wednesday about an attempt to undo Monster Beverage Corp.'s $272 million false advertising trial win against the founder of Vital Pharmaceuticals Inc., the now-defunct company behind Bang Energy drinks.
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April 02, 2025
Hemp Shop's Suit Over Cops' Raid, Arrests Tossed For Good
A Texas federal judge has dismissed with prejudice a hemp shop owner's suit alleging that city of Port Lavaca police illegally raided her shop and arrested her and an employee on suspicion of selling illegal cannabis.
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April 02, 2025
Ohio Brewery Challenges Pa. Beer Import Shipping Limits
A Cincinnati microbrewery says Pennsylvania laws that restrict how much beer an out-of-state producer can ship to customers in the Keystone State is an unfair burden on businesses and a violation of the U.S. Constitution's dormant commerce clause, according to a lawsuit in federal court.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
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April 01, 2025
Bigelow Waved The Flag While Selling Foreign Tea, Jury Told
R.C. Bigelow Inc. falsely advertised its foreign-grown teas as "manufactured in the USA" in a deceitful effort to play on customers' patriotic sentiments, counsel for a certified class of Golden State tea buyers told jurors as a damages trial opened in California federal court Tuesday.
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April 01, 2025
FDA Beats Challenge To Approval Of Elanco's Cattle Gas Drug
The U.S. Food and Drug Administration has defeated an administrative challenge to its approval of Elanco Health's drug meant to reduce ammonia gas emissions from beef cattle and their waste, with a California federal judge ruling Tuesday that the agency reasonably evaluated its safety based on a wide array of studies.
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April 01, 2025
Pork Price-Fixing Fight Over Sales Data Swap Heads To Trial
A Minnesota federal court mostly denied Monday a slew of summary judgment motions from Tyson and other pork producers seeking wins in an antitrust suit alleging they conspired with data firm Agri Stats to fix pork prices and reduce supply, teeing up the high-stakes multidistrict litigation for a June trial.
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April 01, 2025
Gov't Says Climate Webpage Takedowns Reflect New Priorities
Environmental groups have failed to show that the U.S. Department of Agriculture must restore certain climate change-focused webpages to its sites, government attorneys have argued, telling a Manhattan federal judge Monday that it's in the public's interest to have government websites that reflect the current presidential administration's priorities.
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April 01, 2025
7th Circ. Upholds Simmons' $8M Chicken Price-Fix Deal
The Seventh Circuit refused to undo an $8 million chicken price-fixing deal between direct buyers and Simmons' Foods that was challenged by Boston Market, which claimed the deal improperly released its bid-rigging claims, noting Tuesday the restaurant provided no evidence the deal is an unreasonably low value for the claims.
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April 01, 2025
Loeb, Skadden Steer Siddhi Acquisition's Upsized $240M IPO
Siddhi Acquisition Corp., backed by food and technology-focused private investors, began trading Tuesday after raising an upsized $240 million initial public offering, represented by Loeb & Loeb LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP.
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April 01, 2025
Court Won't Toss FTC's Merger Penalty Case Against 7-Eleven
A D.C. federal court refused to toss the Federal Trade Commission's case looking to hit 7-Eleven with a $77.5 million penalty for allegedly violating a merger settlement after rejecting arguments that only the U.S. Department of Justice can seek civil penalties for the commission.
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April 01, 2025
Carnival Biz, H-2B Visa Workers To Settle Wage Suit
A carnival business that tours the East Coast and two H-2B visa workers who alleged that it forced them to work long hours in sometimes dangerous conditions without overtime pay have agreed to settle a proposed class action, according to Virginia federal court records.
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March 31, 2025
Hooters Hits Ch. 11 With Plans For Restaurant Sales
Restaurant chain Hooters filed for Chapter 11 protection in a Texas bankruptcy court late Monday with about $380 million in debt, saying it has reached a deal to shed its company-owned restaurants and trade debt for equity.
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March 31, 2025
Minimum Wage Orders Blocked For H-2A Farmworkers In Wash.
The U.S. Department of Labor may not approve minimum wage job orders for migrant farmworkers in Washington state, a federal judge has ruled, saying seasonal farmworkers with H-2A visas must receive paychecks that don't depress agricultural wages in the area.
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March 31, 2025
Agencies Shouldn't Hear PFAS Class Claims, Conn. Court Told
A Connecticut state judge should not dismiss most of a putative class action alleging that Aquarion Water Co. knowingly sold water contaminated with "forever chemicals" because the Eversource Energy unit is wrong that the claims should go before state regulators first, according to the plaintiffs.
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March 31, 2025
Chicken Processor Strikes $7.26M Deal In Wage Suit
A North Carolina chicken processor and workers claiming unpaid wages jointly requested that a federal court greenlight a deal in which the company agreed to pay $7.26 million to the workers.
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March 31, 2025
Trader Joe's Scores Win In Chocolate Heavy Metals Case
Consumers alleging dark chocolate sold by Trader Joe's contains unsafe levels of lead and cadmium cannot pursue some of their state law claims because information about the presence of heavy metals in chocolate has been reasonably available to consumers for decades, a California federal judge ruled.
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March 31, 2025
Nut Butter Co. Says Calif. Rival Copied 'Big Spoon' Trademark
A North Carolina company that makes various nut butters under the name "Big Spoon" is suing a California sauce company for trademark infringement, saying in a federal complaint that the rival business is selling similar products using the same name and confusing customers.
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March 28, 2025
DOJ Alleges Missing Docs In Agri Stats Price-Fixing Case
The U.S. Department of Justice asked a Minnesota federal judge to force Agri Stats Inc. to produce more information in a case alleging the company's industry reports facilitate price-fixing by chicken, pork and turkey producers, raising concerns over widespread discovery failures and "facially unsupported privilege claims."
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March 28, 2025
Grocery Vendor Gets $3M In Atty Fees In Bony Chicken Case
A Washington federal judge has awarded an Evergreen State grocery vendor about $3 million in attorney fees following its $10.5 million jury trial win in its case blaming a poultry producer for a lost chicken burger deal with Trader Joe's, acknowledging the "excellent work" of the plaintiff's counsel while stopping short of granting the full $4.5 million fee request.
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March 28, 2025
Judge Ends $400M Air Force Base PFAS Contamination Case
A Court of Federal Claims judge has dismissed a $400 million lawsuit from New Mexico landowners alleging that PFAS runoff from a nearby U.S. Air Force base contaminated their land, saying they hadn't shown any taking by the government.
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March 28, 2025
Kroger, Albertsons Appeal Block Of $24.6B Merger
Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.
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March 28, 2025
Nitrous Oxide Makers, Sellers Sued Over 'Whippet' Death
The estate of a woman who died after inhaling nitrous oxide as a recreational drug is suing makers and sellers of the canisters, alleging they are knowingly selling them to be used as "whippets."
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March 28, 2025
NYC Margaritaville Ch. 11 Plan OK'd After Buffett Hit Played
A New York bankruptcy judge on Friday confirmed the Chapter 11 plan of the developer of the Margaritaville resort in Times Square, as he played the resort's namesake song during a hearing.
Expert Analysis
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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.
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.