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Retail & E-Commerce
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March 11, 2025
Mass. High Court Says Paying Full Judgment Freezes Interest
Paying off a judgment in full, even when an appeal is planned, stops additional interest from accruing against the amount, Massachusetts' highest court said Tuesday in a long-running dispute between an auto dealership and its landlord.
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March 10, 2025
Whole Foods Workers Can't Have Class Cert. In Bonus Suit
A Washington, D.C., federal judge Monday refused to certify a class of past and present Whole Foods employees who accuse the grocery chain of gaming its employee bonus program, saying there are too many individualized questions to resolve the plaintiffs' claims on a classwide basis.
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March 10, 2025
Epic, Apple Duel Over App-Store Injunction Compliance
Epic Games urged a California federal judge to find that Apple violated her order blocking the tech giant from enacting App Store rules that prevent developers from steering users to alternative payment methods while Apple argued in its own filing that it complied as it "reasonably understood" the injunction.
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March 10, 2025
J. Crew Wins Confirmation Of Ex-GC's Arbitration Loss
A New York federal judge confirmed an arbitrator's ruling Monday that found J. Crew hadn't fired its former legal chief, Maria DiLorenzo, in retaliation for her complaints about colleagues' discriminatory comments about her hearing loss.
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March 10, 2025
Starbucks Faces Suit Over Fatal Patio Crash After Panel Flip
Starbucks owed a duty of reasonable care to a patron who was struck by a rogue pickup truck while sitting on the patio of a Salt Lake City area store, the Utah Court of Appeals has ruled, reviving her family's lawsuit against the Seattle-based coffee company.
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March 10, 2025
Nike Receives $355K From Lululemon In Shoe Patent Trial
A New York federal jury has found that athletic apparel maker Lululemon infringed one Nike footwear manufacturing patent but did not infringe a second, and awarded Nike $355,450 in damages, well below the $2.8 million the shoe giant was seeking.
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March 10, 2025
Starbucks Owes Up To $125M For Hot Water Burns, Jury Told
Starbucks should pay as much as $125 million for permanent disfigurement to a takeout driver that "changed who he is as a person," a jury heard Monday, after finding last week that the coffee giant was to blame for the spill of scalding water.
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March 10, 2025
Tech Co. Beats Shareholder Suit Over Phony Amazon Reviews
A New York federal judge dismissed a securities class action against Chinese software company Tuya Inc., ruling that the registration statement for Tuya's initial public offering was not misleading for failing to disclose that some of its merchant customers procured fake reviews on Amazon.
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March 10, 2025
Adidas Seeks Injunction In Fashion Nova Trademark Row
Adidas is seeking a preliminary injunction against Fashion Nova, accusing the popular fast-fashion brand in a California federal lawsuit of infringing on its iconic three-stripe trademark and noting that the company has "a penchant for overlooking" intellectual property rights.
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March 10, 2025
Morton Buildings Will Pay $4 Million To End ESOP Fight
Morton Buildings Inc. has agreed to shell out $4 million to end a proposed class action in Illinois federal court alleging the company's directors and Argent Trust Co. sold private stock to Morton workers' employee stock ownership plan at an inflated price.
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March 10, 2025
Kia Hit With Pa. Class Claims Over Engine Defects In 2 Models
Kia has been hit with a proposed class action in Pennsylvania federal court alleging that the automaker's recall for more than 137,000 Kia Soul and Seltos models from between 2021 and 2023 didn't go far enough to remedy damages felt by vehicle owners over engine issues.
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March 10, 2025
DOJ Accuses Live Nation Of 'Delay Tactics' In Antitrust Suit
U.S. Department of Justice officials have urged a New York federal judge to issue an order compelling Live Nation Entertainment Inc. to produce documents held by several executives, accusing the company of using "delay tactics" in the lawsuit alleging anticompetitive behavior since merging with Ticketmaster Entertainment LLC in 2010.
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March 10, 2025
Fed. Circ. Skeptical Of USPTO's Refusal To Register F-Word TM
A Federal Circuit panel appeared skeptical of the U.S. Patent and Trademark Office's reasoning for rejecting an application to register the F-word as a mark because of its widespread use, with one judge telling the government's attorney a couple of times during arguments Monday, "I don't understand what you're saying."
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March 10, 2025
Amazon Worker Can't Seal Military Leave Settlement
A worker who settled his suit accusing Amazon of not promoting him because of his military service can't file the deal under seal, according to a Washington federal judge's Monday ruling — which also said the agreement doesn't need to hit the docket.
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March 10, 2025
Iowa Opposes Vapers' Bid To Block E-Cig Regulation
The state of Iowa on Monday urged a federal court to deny a motion from a group of vape interests seeking to block enforcement of a newly enacted law prohibiting the sale of e-cigarette products that lack federal authorization.
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March 10, 2025
Hagens Berman Comms With Ghosting Client Kept Privileged
Hagens Berman Sobol Shapiro LLP doesn't have to turn over texts and emails with a client who disappeared from a putative class action against Apple and Amazon, a Washington federal judge has ruled, despite the tech giants' accusations that the firm lied about those communications.
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March 10, 2025
Patent Exec Seeks Defamation Win Over Atty's Statements
A patent-licensing company executive has asked a Florida federal court to rule in his favor on a defamation claim against a Baker Botts LLP attorney representing Starbucks in a Texas patent case and toss a counterclaim from the attorney, saying her abuse-of-process allegation "reads like a failed exercise in ontological gymnastics."
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March 10, 2025
Amazon Workers Want Partial Win In COVID Screenings Suit
A class of Amazon employees urged a Pennsylvania federal court to partially grant them a win in their suit accusing the e-commerce giant of forcing workers to undergo unpaid COVID-19 screenings, saying the state's high court has already ruled that this time is compensable.
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March 10, 2025
Nonbinary Ex-Workers Ask To Intervene In Dropped EEOC Suit
Two nonbinary former Lush Cosmetics workers asked a California judge to let them intervene in a U.S. Equal Employment Opportunity Commission suit claiming the business let a manager sexually harass them, after the agency dropped the case following an executive order from President Donald Trump.
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March 07, 2025
Photographer Sanctioned For Skipping Deposition In IP Case
A federal judge in the Southern District of New York has issued sanctions over skipped depositions, among other conduct, by the plaintiff in a copyright lawsuit over a photo of actor Jonah Hill that appeared on a fashion retail website.
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March 07, 2025
Trump DOJ Agrees: Google Must Sell Chrome Browser
The Department of Justice on Friday reiterated to a D.C. federal judge that Google should have to divest the Chrome browser to give rival search engines a fighting chance against its illegal monopoly, but backed off its previous request that Google sell its investments in artificial intelligence companies.
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March 07, 2025
9th Circ. Open To Reviving Monsanto Expiration Label Fight
A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.
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March 07, 2025
Starbucks Liable For Hot Drink Spill On Driver
A unanimous California state jury has found Starbucks was negligent in the case of a driver who had scalding water spill in his lap, sending the case to a damages phase.
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March 07, 2025
FTC: Outlining World Sans Amazon Price-Floor 'Not Possible'
The Federal Trade Commission told a Washington federal judge Friday that it can only offer pieces, and not the entire outline, of what an alternative world might look like without Amazon.com's allegedly monopolistic pricing floor created by penalties for sellers offering their goods more cheaply through other retailers.
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March 07, 2025
9th Circ. Critical Of Nordstrom Nixing $6.7M Order
A Ninth Circuit judge doubted Nordstrom Inc.'s stance on Friday in a suit accusing it of using labor concerns as a false pretense to pull a $6.7 million menswear order, calling the department store chain's alleged oversupply of dress shirts at the time of the cancelation "the elephant in the room."
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
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.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
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.
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Litigation Funding Disclosure Debate: Strategy Considerations
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.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
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.
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Series
Adventure Photography Makes Me A Better Lawyer
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.
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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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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.