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Food & Beverage
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March 12, 2025
Fox News Cleared Of Sex Assault Claims, But Anchor Isn't
A New York federal judge on Wednesday agreed to free Fox News from a suit alleging that former host Ed Henry sexually harassed and raped a former producer but held that Henry must face the bulk of her claims before a jury trial set for May.
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March 12, 2025
EPA Puts 'Holy Grail Of Climate Change Religion' In Crosshairs
The U.S. Environmental Protection Agency on Wednesday said it is reconsidering its 2009 finding that some greenhouse gases endanger humans' health and welfare — putting the fate of rules that sprang from that landmark conclusion into question.
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March 12, 2025
Starbucks Spill Left Little Permanent Damage, LA Jury Told
Starbucks Corp. sought to limit damages Wednesday after being found fully at fault for the spill of a scalding drink, bringing a psychiatrist and a reconstructive surgeon to court to testify that a delivery driver's injuries have healed well.
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March 12, 2025
Cherry Growers' IP Win Vacated Due To Bogus Evidence
A Washington federal judge has vacated his two-year-old decision invalidating a U.S. patent covering the Staccato cherry variety owned by the Canadian government, finding that his prior decision was based on an incomplete sales spreadsheet that didn't include line items showing that the sales were of an entirely different cherry variety.
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March 12, 2025
Brewer Opposes Heineken's Bid To Dismiss TM Claim
Protections in a federal law prohibiting the enforcement of trademarks seized by the Cuban government aren't limited to the original owner or successor-in-interest of confiscated property, brewer Soltura LLC has argued in a memo opposing a Heineken NV unit's bid to dismiss its counterclaim brought under the No Stolen Trademarks Honored in America Act.
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March 12, 2025
Shepherd Blasts Ranchers' Bid To End Wage-Fixing Suit
A Peruvian sheepherder has asked a Nevada federal judge not to dismiss his proposed antitrust class action alleging that a ranching association and its members conspired to suppress migrant workers' wages, arguing that he has detailed information about when the member ranches agreed to follow the association's prohibitions on employee transfers or recruitment.
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March 12, 2025
Panel Decries Judge's Watergate Remarks, Axes $2M Verdict
A Florida appeals court on Wednesday vacated a $2 million verdict in a slip-and-fall suit against Walmart, saying the trial court's comments that allegedly missing video evidence was akin to Nixon's actions in the Watergate scandal signaled his preconceived notion that the company improperly destroyed evidence.
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March 12, 2025
Alaska Tribal Groups' Bid To Update Fish Harvesting Rule Fails
A federal judge has said the National Marine Fisheries Service didn't violate the law by relying on 2004 and 2007 environmental impact statements to determine specifications for a final groundfish harvest rule for the Bering Sea and Aleutian Islands, rejecting two Alaskan tribal organizations' bid to vacate the rule.
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March 12, 2025
Publix Policies Don't Cover Opioid Claims, Court Says
Insurers for Publix have no duty to defend or indemnify the supermarket chain in dozens of public nuisance lawsuits related to the opioid crisis, a Florida federal court said Wednesday, following Publix's renewed request that the court enter a final judgment so it could proceed with appeal.
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March 12, 2025
Justices Face Renewed Calls To Nix Mass. Wind Farm Permits
Fishing industry groups have asked the U.S. Supreme Court to undo federal approvals of the Vineyard Wind project off the Massachusetts coast, less than two months after the justices declined to consider another legal challenge by project opponents.
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March 12, 2025
Texas Urges Court Not To Let DuPont Out Of PFAS Lawsuit
Chemical companies DuPont and Corteva are leaning on a "fraudulent transfer scheme" in order to exit a lawsuit accusing them of making and selling forever chemicals despite knowing about their toxic nature, the state of Texas said Tuesday, urging a federal court not to give them the out.
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March 12, 2025
Starbucks' Sourcing Aided $1.3B Low-Tax Profits, Report Says
Starbucks leveraged its private certification program for coffee growers to boost profits transferred almost tax-free from Switzerland to the Netherlands to the U.K., amounting to an estimated $1.3 billion between 2011 and 2021, according to a report from a union-funded nonprofit organization.
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March 12, 2025
Uber Drops $950M Foodpanda Buy Over Regulatory Issues
German food delivery platform Delivery Hero SE has confirmed that ride-sharing giant Uber Technologies Inc. has decided to terminate its agreement to acquire Delivery Hero's Taiwanese Foodpanda for $950 million, citing regulatory hurdles.
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March 12, 2025
Chipwich Maker Blames Broker For $4.5M Recall Loss
The maker of Chipwich ice cream sandwiches told a Connecticut state court that its broker negligently failed to secure product recall insurance, causing a preventable loss of $4.5 million to the company, after desserts were destroyed because of potential listeria contamination.
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March 12, 2025
Kroger Waited Too Long To Seek Sanctions, Judge Says
An Illinois federal judge on Wednesday denied Kroger's bid to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, saying the amount of time it took to file the motion "is not reasonable by any stretch of the imagination."
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March 12, 2025
Fed. Circ. Finds No Confusion Between Firebull, Fireball TMs
The Trademark Trial and Appeal Board correctly found there is no likelihood of confusion between a distillery's pending bid to register Bullshine Firebull and Sazerac Brands' Fireball marks, the Federal Circuit said in a precedential opinion Wednesday that also affirmed the board's conclusion that Fireball is not generic.
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March 11, 2025
6th Circ. Ends Group's Challenge To Great Lakes Fishing Pact
The Sixth Circuit on Tuesday rejected a nonprofit's challenge to a pact between Native American tribes and the state of Michigan for allegedly lacking guardrails to prevent overfishing in the Great Lakes, finding it lacked jurisdiction since the nonprofit never intervened in the case and only filed amicus curiae briefs.
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March 11, 2025
Ex-USPTO Head Can't Be Expert In Walmart IP Fight, Co. Says
A startup suing Walmart over trade secrets connected to shelf-freshness technology wants an Arkansas federal court to block the retailer from retaining former U.S. Patent and Trademark Office Director Kathi Vidal as an expert when the $115 million case moves forward to a retrial.
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March 11, 2025
Origin Brass Face Investor Suit Over Factory Delay Disclosure
Executives and directors of sustainable chemical manufacturer Origin Materials have been hit with a shareholder's derivative suit alleging that they concealed a three-year construction delay affecting a production facility the company was building that increased company costs and altered relationships with its customers, including Pepsi.
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March 11, 2025
Wendy's, Target Accused Of Infringing Online Ordering Patent
Target and a group of chain restaurants including Wendy's, Applebee's and the Cheesecake Factory were hit with patent infringement lawsuits in Texas federal courts on Monday by Smart Order LLC, which accused them of infringing a patent covering a customer internet ordering system.
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March 11, 2025
Girl Scouts Cookies Contain Unsafe Lead Levels Suit Says
Cookies sold by the Girl Scouts — including the bestselling Thin Mints, Caramel deLites and Peanut Butter Patties — were tainted with heavy metals and pesticides, according to a New York federal lawsuit that leans on independent laboratory testing of the baked goods.
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March 11, 2025
Trade Court Affirms Use Of Indian Data For Catfish Duties
The U.S. Court of International Trade upheld the Department of Commerce's decision to use Indian data over Indonesian data to determine antidumping duties for Vietnamese catfish, despite protests to the contrary from the Catfish Farmers of America.
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March 11, 2025
DOJ, Wayne-Sanderson Spar Over Data Sharing Deal
The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.
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March 11, 2025
Vegan Co. Huel Hit With Class Action Over Quality Of Protein
Vegan meal and supplement company Huel Ltd. misled consumers into thinking its protein powders were made with high-quality protein when in reality it's made with inferior ingredients that can't be digested as easily, according to a proposed class action filed in California federal court by a health-minded San Jose resident.
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March 11, 2025
Post Hit With False Ad Suit Over Rachael Ray Brand Pet Food
Post sells celebrity chef Rachael Ray's Nutrish brand of pet foods that are falsely labeled as being "natural" with "no artificial preservatives" despite containing citric acid, which is derived from heavy chemical processing, according to a proposed class action filed in California federal court Monday.
Expert Analysis
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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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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.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.