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Food & Beverage
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March 11, 2024
FDA Seeks $7.2B For Fiscal Year 2025
The U.S. Food and Drug Administration on Monday said that it is requesting $7.2 billion as part of the Biden administration's proposed budget, an increase of nearly $500 million from fiscal year 2023's funding, with $15 million aimed at protecting food safety and nutrition.
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March 11, 2024
Judge Blasts Instagrammer's Bid To Upend $1.6M Ruling
A lifestyle brand headed by Instagram celebrity Dan Bilzerian could face sanctions should it continue to recycle arguments for why it shouldn't be forced to pay a $1.6 million judgment to a consulting firm it was accused of cheating, a Nevada federal judge warned in an order denying the brand's motion for reconsideration.
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March 11, 2024
Shoppers' Kroger, Albertsons Suit Shelved Pending FTC Case
A California federal judge pumped the brakes Monday on a private lawsuit challenging Kroger's $24.6 billion bid for Albertsons, preferring to wait on the outcome of a Federal Trade Commission lawsuit against the deal newly filed in Oregon federal court.
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March 11, 2024
US Appeals Corporate Transparency Act Ruling To 11th Circ.
The U.S. Department of the Treasury is moving quickly to appeal an Alabama federal judge's ruling that the Corporate Transparency Act is unconstitutional, filing a notice of appeal to the Eleventh Circuit on Monday.
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March 11, 2024
Tech, Retail Industries Say No To Patent Eligibility Reforms
A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation."
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March 11, 2024
CBD Co. Says Investors' Fraudulent Intent Claims Fall Short
Canopy Growth Corp. is urging a New York federal court to throw out claims that it misled investors about the prospects of a sports nutrition subsidiary, saying the proposed class action fails to establish a motive for the alleged fraud or that the cannabis company was aware that any statements it made were false.
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March 11, 2024
Burford, Sysco Can't Swap In Price-Fixing Suits, Court Told
A magistrate judge was right to point to the underlying facts and public policy when denying an attempt to substitute a Burford Capital affiliate for Sysco in sprawling price-fixing lawsuits against pork and beef producers, the beef producers told a Minnesota federal court.
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March 08, 2024
Mich. Court Can't Shush Library Whistleblower, Panel Says
A Michigan appeals court has revived a former library director's whistleblower suit alleging she was fired for questioning whether the library could use public funds to pay for a board member's godson to open a restaurant on the premises, saying she reported ongoing conduct which is considered protected activity.
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March 08, 2024
La. Judge Won't Halt Clean Water Rule Favoring States, Tribes
A Louisiana federal judge has rejected red states' and industry groups' effort to block the U.S. Environmental Protection Agency's new clean water rule that broadens states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.
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March 08, 2024
Judge Questions A La Carte Approach To Juice Tax Refunds
Kroger and Safeway argued Friday that a plaintiff who accused them of illegally charging sales tax on juice could only seek refunds from a state agency, prompting a Washington appeals judge to ask whether customers would have to recoup payments "one juice box at a time."
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March 08, 2024
Exclusion Bars Coverage For Ga. Fair E. Coli Suit
Nautilus Insurance Co. has no duty to defend or indemnify a harvest fair accused in an underlying state court suit of exposing two children to E. coli, a Georgia federal court has ruled, saying an infectious disease exclusion unambiguously precludes coverage.
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March 08, 2024
Detroit-Area Bars' Challenge To Parking Plan Gets Bounced
A Michigan federal judge has trimmed a group of restaurants and bars' challenge to a Detroit suburb's plans to replace a parking lot their customers use with a mixed-use building, finding the eateries' financial success isn't protected under federal law.
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March 08, 2024
Fed. Circ. Ruling Affirms That Hay Nets Aren't Machine Parts
A South Carolina packaging solutions manufacturer took another blow in its quest to get its imported bale wraps duty-free treatment after the Federal Circuit affirmed a ruling that the wraps were stand-alone products and not parts of baling machines.
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March 08, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.
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March 08, 2024
Colo. Panel OKs Tax Credits For Sales To Beginning Farmers
Colorado would temporarily allow tax credits for certain transfers of agricultural land and equipment to assist beginning and socially disadvantaged farmers under a bill approved by a legislative panel.
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March 07, 2024
Fla. Justices Won't Reinstate $31M Award In Hit-And-Run Suit
An overturned $31 million jury award won't be reinstated by the Florida Supreme Court, which ruled Thursday that a bar accused of negligently serving alcohol to an underage person who later hit an intoxicated teen with his car and fled the scene should have been allowed to argue that the teen was partially at fault.
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March 07, 2024
Petition Watch: Student Athletes, Oil Spills & Preemption
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.
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March 07, 2024
Fed. Circ. Hears Law Was Misapplied To Levy Olive Duties
Three Spanish olive exporters pressed the Federal Circuit to undo countervailing tariffs the U.S. Department of Commerce calculated in 2021, saying Thursday that the department misapplied a trade law to presume they benefited from local government subsidies.
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March 07, 2024
IP Forecast: 2nd Circ. To Consider Whether Seltzer Is Beer
The Modelo brand will head to the Second Circuit next week to argue that a Manhattan jury erred when it found that Corona's flavored seltzer is just about the same as beer in light of a contract that the companies entered. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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March 07, 2024
Kroger, Albertsons Want Shoppers' Suit To Await FTC Case
Kroger and Albertsons told a California federal judge Thursday that the Federal Trade Commission's challenge to their $24.6 billion merger should take precedence over a private lawsuit they want paused while the FTC case plays out in Oregon federal court.
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March 07, 2024
Hy-Vee Beats Ex-Workers' 401(k) Fee Suit
An Iowa federal judge granted a win Thursday to Hy-Vee Inc. in a class action accusing it of failing to sufficiently lower its retirement plan's recordkeeping fees, saying the supermarket chain showed it did its due diligence to make sure it didn't run afoul of federal benefits law.
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March 07, 2024
Dog Owner, Co. Can't Drop Claim From Pet Food Labels Trial
A Washington federal judge won't let a dog owner and Champion Petfoods LP defer an unjust enrichment claim until after a trial scheduled to begin in April over allegations that the company misled consumers about the ingredients in its food.
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March 07, 2024
Judge Delays Final OK For Almond Grower's Ch. 11 Loan
A California bankruptcy judge Thursday pushed back final approval of $30 million in Chapter 11 financing for almond grower Trinitas Farming by at least another week, saying more time is needed to address his concerns with the loan agreement.
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March 07, 2024
FTC Slams 'Unprecedented' 7-Eleven Defense In Agency Suit
The Federal Trade Commission is calling 7-Eleven's theory that only the U.S. Department of Justice can seek civil penalties for violating commission orders "unprecedented," asking a D.C. federal judge to deny the company's motion to dismiss the commission's suit for allegedly violating a 2018 consent order.
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March 07, 2024
Chicken Buyers Bail On Remaining Claims Against Producers
A class of direct purchasers effectively threw in the towel Wednesday on continuing with class price-fixing claims against Perdue Farms, Claxton Poultry and others, cutting deals that abandon attempts to revive the allegations and allow the buyers to avoid up to $1 million in legal costs they might have owed the major chicken producers.
Expert Analysis
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9th Circ. Kellogg Ruling Offers Protein Claim Defense Tips
The Ninth Circuit's recent opinion dismissing consolidated false advertising class actions against Kellogg and Kashi should be required reading for manufacturers that include protein-related claims on their product labels because it significantly clarifies the viability of state law challenges to those claims, say Olivia Dworkin and Cortlin Lannin at Covington.
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Merger Proposals Reflect Agency Leaders' Antitrust Principles
Attorneys at Covington trace the recently proposed Hart-Scott-Rodino and merger guidelines changes to certain foundational concerns of the Federal Trade Commission and U.S. Department of Justice Antitrust Division leadership, including issues related to concentration associated with horizontal and vertical mergers.
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New 'Waters' Rule May Speed Projects, Spawn More Litigation
The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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Challenging Standing In Antitrust Classes: The Uninjured
In virtually every antitrust class action, parties at the certification phase disagree about whether the proposed class includes uninjured members, but the goals of Rule 23 and judicial economy are best served by synthesizing two distinct approaches circuit courts take on this issue, say Michael Hamburger and Holly Tao at White & Case.
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What Big Tobacco's Cannabis Investments Mean For Market
The tobacco industry appears to be shoring up investments in the cannabis market, most recently with Philip Morris’ purchase of an Israeli cannabis tech company, pointing to a bright future for vaped and noncombustible products, and signaling that marijuana rescheduling may be on the horizon, say Slates Veazey and Whitt Steineker at Bradley Arant.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Why Agricultural End Effectors Are Ripe For IP Protection
The field of agricultural robotics, particularly end effectors, has taken off in recent years, making it essential that intellectual property practitioners stay current on the key innovations and trends in the space, as the increase in patent filings will likely lead to an increase in IP litigation, say attorneys at MoFo.
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2023 Farm Bill Could Follow Md., Minn. Or NY's Lead On Hemp
As potential changes to federal hemp policy are hammered out in the 2023 Farm Bill, lawmakers may look to recent regulations promulgated in Maryland, Minnesota and New York, which provide several possible regulatory frameworks for hemp and synthetic cannabinoids, say Seth Gitner and Jonathan Havens at Saul Ewing.
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What's Notable In Connecticut's New Cannabis Laws
The Connecticut Legislature recently passed four bills containing cannabis provisions — ranging from applicable tax credits to labor agreement requirements — that may prove to be a mixed bag for state operators, say Sarah Westby and Deanna McWeeney at Shipman & Goodwin.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.