Food & Beverage

  • March 05, 2025

    9th Circ. Upholds Arizona's Wine Retailer Law Challenge

    Arizona isn't being discriminatory by requiring companies that want to ship alcohol to people's homes to have a business location in the state, the Ninth Circuit has declared in a split ruling that upheld the state's win against a challenge to the law laying down that mandate.

  • March 05, 2025

    Paul Newman's Daughters End IP Suit Against Newman's Own

    Late actor Paul Newman's daughters withdrew their lawsuit from Connecticut state court accusing the Newman's Own Foundation of trading off their father's name for non-food-related purposes and breaching its duty to fund their own foundations despite the deceased film star's intent.

  • March 05, 2025

    SuperValu Wins FCA Case That Went To High Court

    An Illinois federal jury cleared SuperValu of liability Tuesday on whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking the end to an important test of a 2023 U.S. Supreme Court ruling reviving the case.

  • March 04, 2025

    Chinese Theme Park Co. Can't Nix Investors' 'Hellscapes' Suit

    A California federal judge will allow investors' securities fraud claims against a Chinese amusement park operator to proceed, finding they plausibly claimed that the company inflated visitor numbers and financials for its park, causing an 89% stock price decline when the truth was eventually revealed.

  • March 04, 2025

    Mariano's Managers Fight Bid To Decertify Class In OT Row

    Current and former supermarket meat, bakery and deli managers who say Kroger subsidiary Mariano's falsely claimed they were exempt from overtime pay hit back on Monday over a bid to decertify their conditional collective of workers, saying the grocery chain repeatedly misrepresents an "extensive and unambiguous record" showing all managers are similarly situated.

  • March 04, 2025

    Poultry Co. Hits Animal Rights Activists With Chancery Suit

    Poultry producer Mountaire Farms Inc. has sued for an injunction and damages against two alleged animal rights activists in Delaware's Court of Chancery, accusing both of sneaking onto a processing plant with a ladder, tools and a camera, and then fleeing when spotted near a chlorine tank.

  • March 04, 2025

    Trump's Mexico, Canada Tariffs To Face Legal Tests, Pros Say

    President Donald Trump placed 25% tariffs on all goods from Canada and Mexico on Tuesday, citing drug trafficking as the core reason he used untested emergency tariff powers, a course of action that will face legal scrutiny, tax professionals told Law360.

  • March 04, 2025

    Ga. PFAS Liability Bill Faces Debate Ahead Of Key Deadline

    A Georgia bill to reduce corporate liability for PFAS contamination on Tuesday received strong industry backing and intense pushback from North Georgia residents and communities who warned state lawmakers against handing "a get-out-of-jail-free card" to carpet manufacturers accused of polluting waterways.

  • March 03, 2025

    Fiji Beats Ill. Microplastics Suit Over Lack Of Testing

    An Illinois federal judge has tossed out proposed class claims that the company behind Fiji Water illegally labels the product as "natural" artesian water knowing it contains microplastics, saying Monday the consumers haven't pointed to scientific evidence directly tying the product to their claims.  

  • March 03, 2025

    National Gaming Chair Gets Pause In Alaskan Casino Suit

    A federal judge has paused litigation against acting National Indian Gaming Commission Chairwoman Sharon M. Avery until the court can determine if an Alaskan Native village is a required party in the dispute that looks to block plans for a 58,000-square-foot casino in Anchorage.

  • March 03, 2025

    Enviro Groups Say DOGE Teams Are Violating Transparency Law

    Five federal agencies are violating their legal obligations to provide transparency about their connection to the Elon Musk-headed entity that's leading the Trump administration's effort to reduce government staffing and spending levels, environmentalists said in a D.C. federal lawsuit filed Monday.

  • March 03, 2025

    Kirkland-Led Garnett Station Partners Clinches $1.2B Fund

    Kirkland & Ellis LLP-advised Garnett Station Partners on Monday announced that it wrapped its fifth fund after securing $1.2 billion from investors, which will be used to invest across the New York-based firm's core sectors of consumer and business services, health and wellness, automotive, and food and beverage.

  • March 03, 2025

    Smoothie King Wins $374K Judgment From Ex-Franchisees

    Following a bench trial in Georgia federal court last December, Smoothie King Franchises Inc. won a $374,000 judgment Friday against a company accused of ripping off its products after setting up shop in a former Gwinnett County franchise location.

  • March 03, 2025

    Activist Investor Nominates 2 Candidates To Portillo's Board

    Activist investor Engaged Capital LLC on Monday unveiled its slate of directors to stand for election to Portillo's Inc.'s board ahead of the company's annual meeting, saying that the Chicago street food-focused restaurant chain's performance has been suffering due to outdated restaurant operations.

  • February 28, 2025

    Galaxy Gas Hides A Dangerous Buzz, Class Action Says

    Galaxy Gas, the maker of a popular line of flavored nitrous oxide dispensers, was hit with a putative class action Friday accusing the company of pushing a commonly abused, addictive, dangerous, and perfectly legal recreational drug under the guise of a "culinary tool."

  • February 28, 2025

    Kraft Heinz Beats Ex-R&D Worker's Vaccine Bias Claims

    A former Kraft Heinz research and development manager cannot go to trial over claims the company discriminated against her religious beliefs by rejecting her COVID-19 exemption request, with an Illinois federal judge saying on Friday her concerns were not religious in nature.

  • February 28, 2025

    Curaleaf Sold Assets Before $32M Verdict, Pot Farm Says

    Two subsidiaries of Curaleaf Holdings Inc. must be forced to immediately pay a $36.8 million jury verdict plus interest owed to a Michigan cannabis farm, the cultivator told a federal judge in a scathing motion, saying the companies feign poverty while spending considerable sums in legal representation.

  • February 28, 2025

    NJ Out-Of-State Wine Sale Limits Are Justified, 3rd. Circ. Says

    The Third Circuit on Friday upheld a New Jersey law barring out-of-state sellers to directly ship wine to in-state consumers, saying that to grant a New York retailer's challenge would "shake the foundations" of New Jersey's three-tiered system for regulating alcohol.

  • February 28, 2025

    Dartmouth Wants Fed. Circ. To Ax Fees After Vitamin IP Loss

    Dartmouth College is appealing a Delaware federal court's $9.1 million fee award after losing a fight over milk vitamins patented by a biochemist at the school, telling the Federal Circuit that there is no reason it should have presumed that the patents it asserted were "worthless."

  • February 28, 2025

    Steakhouse Workers Score Collective Cert. In Tips Row

    Servers and bartenders claiming that a steakhouse known for its 72-ounce steak challenge cheated them out of tips and didn't reimburse them for their uniforms can move forward as a collective, a Texas federal judge ruled, while saying the limitation period clock will start ticking later.

  • February 28, 2025

    Beyond Meat Fries Investors' Fast-Food Production Woes Suit

    A Los Angeles federal judge has tossed, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast-food chains like McDonald's, KFC and Pizza Hut.

  • February 28, 2025

    Coverage Claims Trimmed For Faulty Non-GMO Grain Silos

    A grain storage company's insurer has no duty to cover some damages a grain seller is seeking over its leaky grain bin claims, an Indiana federal judge ruled, though finding the insurer can't yet avoid covering damages directly related to the allegedly faulty harvest itself and certain lost profits.

  • February 28, 2025

    Shake Shack Sued Over 'Deceptive' Delivery Fees

    Shake Shack Inc. charges its customers "deceptive fees" when they use the fast casual chain's website and app to order food delivery, according to a proposed class action removed to California federal court.

  • February 28, 2025

    Aimmune Shareholders' $27.5M Deal Over Sale To Nestle OK'd

    Aimmune Therapeutics Inc. stockholders won preliminary approval in California federal court on Friday for a $27.5 million settlement of their securities fraud class action alleging that Aimmune was falsely undervalued before its merger with Nestlé Health Science SA.

  • February 28, 2025

    SuperValu Complains About Falsity Question In FCA Case

    Whistleblowers claiming SuperValu overcharged the government by $123 million for prescriptions can ask witnesses a single question alluding to a bitterly contested legal finding in the False Claims Act case in Illinois federal court, the grocer revealed in a motion objecting to the judge allowing that question.

Expert Analysis

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Scope And Nature Of Judicial Relief Will Affect Loper's Impact

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    The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • What Vinyl Acetate's Prop 65 Listing Means For Cos.

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    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.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    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.

  • More Environmental Claims, More Greenwashing Challenges

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    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.

  • Recent Suits Show Antitrust Agencies' Focus On HSR Review

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    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.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    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.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    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.

  • Mentorship Resolutions For The New Year

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    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.

  • Takeaways From FDA's Updated Confirmatory Trial Guidance

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    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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