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Food & Beverage
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January 13, 2025
Supreme Court Turns Away IP Safe Harbor Dispute
The U.S. Supreme Court on Monday said it won't consider whether the Federal Circuit has overexpanded a safe harbor for drug development, in litigation where Meril Life Sciences escaped allegations that it infringed Edwards Lifesciences' heart valve patents.
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January 13, 2025
High Court Skips 9th Circ. Sesame Oil TM Decision
The U.S. Supreme Court said Monday it would not consider an India-based sesame oil company's challenge to a Ninth Circuit opinion siding against it in its trademark infringement case against a New Jersey business.
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January 13, 2025
Justices Reject Utah's Effort To Wrest Land From Feds
The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.
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January 10, 2025
Landry's Resorted To 'Nasty' Tactics In TM Row, Jury Told
An attorney for a Texas whiskey-maker told a Houston jury Friday that lawyers for Landry's LLC used "nasty" tactics as he urged the panel to rule that his client hadn't ripped off the name of the restaurant and entertainment conglomerate.
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January 10, 2025
Fla. Bank Sues Cargill Over $18M In Fraudulent Transfers
A Florida bank is suing food company Cargill Inc. over more than $18 million in transfers the bank thought were going to a Miami-based coffee company with which it had a credit agreement and that was in a precarious financial position after suffering "catastrophic" losses trading in the coffee market.
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January 10, 2025
Hog Supplier's Contract Tussle With Smithfield OK'd For Trial
A former hog supplier in North Carolina can take some of its breach of contract claims to trial in a lawsuit alleging Smithfield Foods Inc.'s pricing practices were a death knell for the supplier's swine operations, according to a newly unsealed state Business Court opinion.
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January 10, 2025
FDA Issues Infant Formula Safety Strategy
The U.S. Food and Drug Administration on Friday sent out a strategy to boost the resiliency of the country's infant formula market in the wake of a 2022 recall and the aftermath of a shortage of baby formula.
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January 10, 2025
Feds Ask 15 Years For Menendez In Case Of 'Historical Rarity'
Prosecutors have asked a Manhattan federal judge to sentence former U.S. Sen. Robert Menendez to at least 15 years in prison after he was convicted of taking bribes from three New Jersey business executives in exchange for political favors.
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January 09, 2025
Wonderful Pistachios Defeats Worker's Shed-Trapping Appeal
A California appellate court on Thursday refused to resurrect a former Wonderful Pistachios & Almonds worker's claims that former colleagues of hers trapped her in a shed during work, finding that her objections to an arbitrator's determinations in Wonderful Pistachios' favor lack merit.
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January 09, 2025
Kroger Drops FTC Constitutionality Fight After Nixed Merger
Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.
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January 09, 2025
Whiskey Maker Says 'Landry' Name Use 'Isn't Just About Me'
The owner of a whiskey company accused of ripping off the name used by a host of hospitality brands owned by Houston billionaire Tilman Fertitta testified that he started his company with the honest belief that the name "Landry" was available for use for liquor sales.
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January 09, 2025
Grocers Say Nothing Left To Fight In Colo. Merger Challenge
Kroger and Albertsons told a Denver District Court that the state's challenge to its merger should be dismissed now that the deal is dead, arguing in a motion that the state always knew that decisions in other lawsuits could render its claim moot.
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January 09, 2025
Ark. Cites 4th Circ. Ruling In Dispute Over Hemp THC Limit
Arkansas is pointing the Eighth Circuit's judges toward an opinion earlier this week from their colleagues in the Fourth Circuit, saying they should consider it as they mull whether to allow the state's regulations on intoxicating hemp products to stand.
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January 09, 2025
AFL-CIO, SEIU Promise Expanded Power With Reaffiliation
The AFL-CIO and the Service Employees International Union announced that they are reaffiliating nearly 20 years after the service workers union split from the labor federation, with leaders of both groups promising the renewed partnership will help the labor movement reach more workers.
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January 09, 2025
SharkNinja Customer Sues For $3.75M After Blender Explodes
A woman who was nearly blinded when her Ninja brand blender "exploded" claimed SharkNinja's design of the appliance was defective in a complaint transferred to Michigan federal court this week.
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January 09, 2025
UK Supermarkets Fear Higher Costs Amid Tax Changes
Supermarket companies Marks & Spencer and Tesco reported Thursday that they had high sales figures due to Christmas, but both retailers also said they expect to face higher tax costs in 2025 due to changes to National Insurance, a payroll tax used to fund social programs.
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January 09, 2025
Beer Sales Rep Can't Show Lasting Harm From Noncompete
A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.
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January 09, 2025
Kraft Heinz Set For March Trial Over Food Factory Overhaul
Kraft Heinz Foods Co. and the Ohio contractor that accused it of failing to pay $7.6 million for the work and materials that went into overhauling a factory the company has near the Sandusky River are scheduled for a March 25 bench trial, according to a Wednesday order.
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January 08, 2025
Group Alleges $10M 'Sham' In Fla. Plant-Based Co. Stock Deal
A Canadian investment group has sued two Delaware corporations in Florida federal court over a "sham" stock deal, alleging it was fraudulently induced to sell its plant-based food technology company and later cheated out of $10 million worth of cash and common stock it was promised.
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January 08, 2025
Farm Owner Can't Claim $6.5M For Border Wall, 5th Circ. Told
The federal government argued Wednesday that a Texas woman isn't owed millions of dollars in compensation for a section of the state's border wall built on her land, telling the Fifth Circuit that a principle giving landowners rights to property improvements can't be equitably applied to the federal government.
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January 08, 2025
Insurer To Fight Limits In Smucker's Salmonella Coverage Suit
An insurer seeking a bigger contribution from its insured J.M. Smucker Co. may appeal a court ruling that found there was just one occurrence within underlying litigation against the food company over 225 batches of salmonella-tainted Jif peanut butter, an Ohio federal judge said Wednesday.
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January 08, 2025
Welch's Asks 3rd Circ. To Nix Alleged Harasser Rehire Order
Welch's is asking the Third Circuit to undo a September order from a Pennsylvania judge requiring it to rehire a worker fired for allegedly sexually harassing a co-worker, saying the labor arbitrator who issued the decision failed to make a clear finding of fact both initially and on remand.
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January 08, 2025
Shoppers Say Kroger Merger Suit Still Alive After Nixed Deal
Consumers challenging the abandoned merger between Kroger Co. and Albertsons urged a California federal court not to toss their case despite two court injunctions against the deal, arguing that they have effectively prevailed on their antitrust claims and should get an injunction and attorney fees.
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January 08, 2025
Black Ex-Poultry Worker Wants Secret Recordings In Bias Trial
A Black former employee at Mountaire Farms Inc. has urged a North Carolina federal judge to let the jury in his upcoming racial termination bias trial hear secret recordings he made of his conversations with company representatives, arguing he can verify their authenticity.
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January 08, 2025
Judge Laments Atty's $32K Sanctions Saga In Tasty Bias Case
A Pennsylvania judge expressed disappointment Wednesday about the need for a $32,000 sanction against an attorney accused of flouting deadlines in his client's employment discrimination claims against Tasty Baking Co., noting that "it didn't have to be this way."
Expert Analysis
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What Bisphenol S Prop 65 Listing Will Mean For Industry
The imminent addition of bisphenol S — a chemical used in millions of products — to California's Proposition 65 list will have sweeping compliance and litigation implications for companies in the retail, food and beverage, paper, manufacturing and personal care product industries, say attorneys at Alston & Bird.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Tracking The Uncertainty Of The FTC's Negative Option Rule
The fate of the Federal Trade Commission's final rule requiring businesses that utilize negative options to provide consumers with a simple cancellation method remains in limbo as it faces multiple legal challenges and the threat of possible congressional action looms, say attorneys at Manatt.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A View Into NY's New Business Interruption Insurance Law
In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.