Food & Beverage

  • March 19, 2018

    Roche Bros. Not Covered For Snow Removal, Court Says

    Continental Casualty Co. doesn't have to cover Roche Brothers Supermarkets Inc.'s costs to remove snow from the roofs of several Massachusetts stores following record-breaking winter storms in 2015, a state judge ruled Friday, holding that the grocery chain's policy doesn't apply to preventative measures taken to avoid property damage.

  • March 19, 2018

    Fla. OKs Budget With Cash For Two Citrus Canker Judgments

    A lengthy legal fight ended for thousands of Florida homeowners Friday when Gov. Rick Scott signed the 2018-19 state budget, including $52 million for judgments they won as compensation for Florida's having cut down their healthy citrus trees in an effort to eradicate the plant disease citrus canker.

  • March 19, 2018

    Monster Drinkers Face Uphill Battle In False Ad Cert. Bid

    A California federal judge on Monday tentatively refused to certify a nationwide class of potentially hundreds of thousands of Monster energy drink buyers on claims that certain slogans the company put on its beverages’ labels tricked them into thinking the caffeine-laden drinks don’t bear any health risks.

  • March 19, 2018

    DC Circ. Told To Ignore Shepherds' H-2A Visa Rule Challenge

    The federal government and a pair of ranch advocate groups voiced their opposition on Friday to a D.C. Circuit challenge brought by organizations representing foreign-born shepherds that claim the government is illegally issuing the shepherds H-2A nonimmigrant temporary work visas even though their work is more permanent.

  • March 19, 2018

    Grocer Drops Claims Stop & Shop Tried To Freeze Out Rival

    A supermarket chain that lodged federal antitrust claims accusing a Stop & Shop of blocking its efforts to build a ShopRite in an attempt to remain Wyckoff, New Jersey’s sole grocer has dropped its suit, according to settlement documents filed Monday.

  • March 19, 2018

    Feds Must Meet High Extortion Bar In Boston City Hall Case

    A Massachusetts federal judge on Monday ruled federal prosecutors will have to prove a pair of Boston City Hall aides directly benefited when they allegedly pressured a music festival to hire unneeded union labor, upholding a high standard prosecutors have said they likely cannot meet.

  • March 19, 2018

    McDonald's Reaches Deal With NLRB In Joint-Employer Case

    McDonald’s USA LLC said Monday that it has reached a settlement with the National Labor Relations Board in a case over whether the fast-food giant and its franchisees are jointly liable for alleged labor law violations.

  • March 19, 2018

    Rank Can't Make Alcoa Pay $10M Chilean Tax, Judge Says

    A New York federal judge ruled Monday that Alcoa Inc. shouldn’t have to foot a $10 million Chilean tax bill for Rank Group Ltd. following its $2.7 billion purchase of Alcoa’s packaging business, finding Rank incurred the tax by not paying off a loan it acquired in the deal.

  • March 19, 2018

    Employee Fired By Snack Giant Because Of Age, Jury Says

    Global snacks giant Mondelez owes one of its employees $200,000 in her suit alleging she was terminated for registering complaints about age discrimination within the company, a Pennsylvania federal jury found Monday.

  • March 19, 2018

    Scotts Can't Get Quick Win In Bird Seed Class Action

    A California federal judge declined Monday to grant Scotts Miracle-Gro Co.’s bid to throw out a class action alleging the lawn and garden products maker knowingly sold bird food laced with toxic pesticides, ruling it can’t get a quick win based on a 2017 U.S. Supreme Court ruling.

  • March 19, 2018

    Calif. 7-Eleven Franchisees Are Not Employees, Judge Rules

    7-Eleven escaped a proposed class action from several franchisees who claimed they were misclassified as independent contractors, after a California federal judge found that the controls imposed on the franchisees did not make them employees.

  • March 19, 2018

    Ill. Village Will Vote On Video Gambling Law, Court Says

    An Illinois appeals court on Friday ordered the village of Forest Park to allow its residents to consider whether to allow video gambling in its bars and restaurants, reversing a lower court’s ruling that its electoral board properly invalidated all of the petitions supporting the ballot question.

  • March 19, 2018

    EU Gears Up To Retaliate Against US Steel, Aluminum Tariffs

    The European Commission is seeking input from “private stakeholders” regarding increased tariffs it may impose on goods imported from the United States in the wake of an order signed by President Donald Trump earlier this month imposing controversial tariffs on imports of steel and aluminum.

  • March 19, 2018

    ‘Super Herb’ Drinks Don’t Benefit Health, Suit Says

    A plant-based beverage maker was hit with a proposed class action Friday in New York federal court for allegedly making unsupported claims about the health benefits of so-called super herbs and coconut oil, as well as misrepresenting that the drinks are made with real coconut milk.

  • March 19, 2018

    Outten, Cohen Attys Held In Contempt Over Chipotle OT Suit

    A Texas federal judge on Monday held in contempt lawyers from Outten & Golden LLP and Cohen Milstein Sellers & Toll PLLC and their client, saying they had improperly pursued a Fair Labor Standards Act collective action against Chipotle Mexican Grill Inc. based on an invalidated overtime rule.

  • March 16, 2018

    Safeway’s Olive Oil False Ad Deal OK'd, Attys Get $1.4M

    A California judge said Friday she’ll approve Safeway’s settlement that provides a class of store-brand olive oil buyers with a $1.50 voucher or 50 cents cash and awards their attorneys $1.42 million in fees and expenses, resolving allegations the grocery store chain falsely labeled olive oil as “imported from Italy.”

  • March 16, 2018

    Smuckers Subsidiary Sued Over Drug In Dog Food

    A New York dog owner filed a putative class action in federal court on Friday against the Smucker's-owned company that make Kibbles 'n Bits dog food, claiming the food was falsely touted as safe even though it was contaminated with a drug used to euthanize animals.

  • March 16, 2018

    Ill. Atty Beats Malpractice Suit In Domino's Franchise Row

    An Illinois federal judge on Friday tossed a lawsuit accusing an attorney of malpractice for representing both a Domino’s Pizza franchise co-owner and his business partner in the sale of their restaurant, ruling that the suing co-owner should have provided an expert opinion about the alleged conflict of interest.

  • March 16, 2018

    Consumer Drops Morton Williams ADA Row After Inking Deal

    A consumer on Thursday dropped her New York federal suit claiming that supermarket chain Morton Williams violated the Americans with Disabilities Act by failing to make its website accessible to blind or visually impaired users, after counsel for both sides said they had reached a confidential settlement.

  • March 16, 2018

    Supervalu Fights Cert. For Boston Grocers In Antitrust MDL

    A group of Boston-area grocers has offered no new evidence to warrant them being given class certification in antitrust multidistrict litigation accusing Supervalu Inc. and C&S Wholesale Grocers Inc. of an agreement not to compete for customers in certain states, Supervalu told a Minnesota federal judge Thursday.

Expert Analysis

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval, while allowing that same admission to raw state lawyers who have never been inside a federal courtroom, says at... (continued)

  • Are Orders Denying Class Cert. Appealable In PAGA Cases?

    Felix Shafir

    For decades, plaintiffs who brought class actions in California could immediately appeal orders denying class certification under the “death knell” doctrine. But the growing number of representative claims under the Private Attorneys General Act have led to a recent reassessment of this decades-old rule in cases where plaintiffs allege both class and PAGA representative claims, say Felix Shafir and John Querio of Horvitz & Levy LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Why Most Slack-Fill Claims Should Fail On The Merits

    Sarah Brew

    Slack-fill claims by consumers who are repeat purchasers cannot — or at least should not — succeed. A Missouri federal court's recent decision in Bratton v. The Hershey Company helps illustrate why, say attorneys with Faegre Baker Daniels.

  • Don't Run Afoul Of NCAA Trademarks During March Madness

    Chas Rampenthal

    It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at Inc.

  • Trends In China's Food And Packaging Laws: Part 2

    David Ettinger

    China has recently implemented a number of changes to its food regulatory system. U.S. beef can again be imported to China after a 14-year prohibition. But companies must comply with new standards for food manufacturer certification, food labeling and food packaging, say attorneys with Keller and Heckman LLP.

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.

  • A Guide To Anti-Trafficking Compliance For Food Cos.

    Markus Funk

    Despite the 2016 dismissal of federal human rights cases against food companies in California, a similar class action — Tomasella v. Hershey Co. — was recently filed in Massachusetts federal court, and it’s one that companies in the sector should watch closely, says Markus Funk of Perkins Coie LLP.

  • Trends In China's Food And Packaging Laws: Part 1

    David Ettinger

    As China says "zai jian" to the Year of the Rooster and "ni hao" to the Year of the Dog, it's a good time to reflect on developments in China's food laws in 2017. Many important food regulations and standards were revised, including rules on health foods, GMOs and infant formula, say attorneys with Keller and Heckman LLP.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.