Food & Beverage

  • September 21, 2017

    Ill. High Court Says State Link Too Bare For Insurance Suit

    Illinois’ highest court booted an insurance action from the state on Thursday, saying a warehousing company’s warehouse in the state wasn’t enough of a link to permit jurisdiction under the U.S. Supreme Court’s Daimler decision.

  • September 21, 2017

    Country Club Says 'Baseless' OT Claims Warrant Sanctions

    A South Florida country club asked a federal judge Thursday to sanction a former restaurant employee and his attorney, saying they have continued to pursue a suit claiming the ex-line cook was denied overtime and fired for complaining even though pay stubs show otherwise.

  • September 21, 2017

    2nd Circ. Backs Travelers' $1.2M Stolen Booze Loss

    The Second Circuit on Thursday backed a lower court that put Travelers on the hook for a $1.2 million booze theft, saying there was no question who had custody of the bottles or any reasonable dispute over how much they were worth.

  • September 21, 2017

    FDA Must Respond To Teething Safety Petition, Suit Argues

    Liberal consumer advocacy group Public Citizen on Thursday asked a D.C. federal court to make the U.S. Food and Drug Administration respond to its July 2014 citizen petition regarding safety concerns about an ingredient in infant teething products and medicines.

  • September 21, 2017

    Mott's Beats Fruit Snack False Labeling Class Action

    Mott’s fruit snack labels couldn’t have tricked consumers into thinking they were “nutritious and healthful,” a California federal judge said Wednesday, finding that claims in a proposed class action were contradicted by the snacks’ labels themselves, which said they were “not intended to replace fruit in the diet.”

  • September 21, 2017

    Fruit Co. Sues Insurer Over Hep A Smoothie Outbreak

    A frozen fruit supplier Wednesday told a Virginia federal court that Travelers’ Canadian subsidiary, as the insurer of the company that allegedly imported contaminated fruit, owes it $10 million in coverage from litigation arising from a smoothie-borne hepatitis outbreak.

  • September 21, 2017

    Truffle Tiff Targeting Trader Joe's Oil Expands To 3 Suppliers

    Shoppers who say that Trader Joe's charged them premium prices for imported truffle-flavored olive oil that contains no "black truffle whatsoever" added a California importer and two Spanish food companies Wednesday to a Manhattan class action targeting the grocery giant.

  • September 21, 2017

    Darden Spinoff REIT To Pay $67M For 41 Restaurants

    Real estate investment trust Four Corners Property Trust said Wednesday it has inked an agreement to acquire 41 restaurant properties from Washington Prime Group Inc. for a purchase price of about $67.2 million in cash.

  • September 21, 2017

    Deals Rumor Mill: Carlyle, Asahi Group, KKR

    Carlyle is in the latter stages of raising a $5 billion Asia-focused fund, Japanese brewer Asahi Group is looking to spend billions on acquisitions, and KKR is offering to pay £600 million for a U.K. health and fitness club operator.

  • September 21, 2017

    DC Circ. Won’t Rehear Challenge To $380M Tribal Payout Plan

    The D.C. Circuit on Wednesday declined to review its May decision rejecting challenges to a plan to redistribute $380 million left over from a landmark settlement of Native American farmers and ranchers’ racial discrimination claims.

  • September 21, 2017

    Germany-Based Schenck Valued At More Than €700M In Sale

    IK Investment Partners has agreed to sell Schenck Process, which provides measuring and process technology and serves industries including food, chemicals, mining and construction, in a deal valuing the business at more than €700 million ($836.7 million), a source familiar with the matter confirmed to Law360 on Thursday.

  • September 20, 2017

    EU Court Scratches End Of Poultry Subsidy On Technicality

    The Court of Justice of the European Union on Wednesday cited a procedural error in annulling a regulation that eliminated a subsidy on poultry meat, but the court said the regulation would remain in effect until a new measure was adopted.

  • September 20, 2017

    Keurig Green Mountain Seeks Quick Win In Stock-Drop Suit

    Keurig Green Mountain Inc. has urged a Vermont federal court to grant it and its former top officers a quick win in a securities class action that accuses them of misleading the market with a "false growth story," telling the court that the investors behind the suit can't connect their allegations to the losses they claim to have suffered.

  • September 20, 2017

    Gordon Ramsay Must Give Up Docs On Caesars Restaurants

    An Illinois bankruptcy judge Wednesday ordered celebrity British chef Gordon Ramsay to turn over documents covering plans for restaurants with Caesars, saying that the television personality is at the center of a dispute involving the casino giant as it nears the end of its Chapter 11 saga.

  • September 20, 2017

    Appeals Court Affirms Parking Ban In Boston Land Use Row

    A Massachusetts appeals court Tuesday affirmed that a Boston grocer may not park cars in a passageway it shares with an adjacent church and residential buildings, while also finding that a 1947 agreement between the church and the supermarket on the usage of the passageway was not enforceable.

  • September 20, 2017

    Del. Court Grapples With Forum In Argentine Toxic Tort Suit

    Delaware’s Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.

  • September 20, 2017

    Enviros Undo Calif.'s Approval Of New Pesticide Labels

    A California appeals court on Tuesday reversed a lower court’s decision in favor of the state’s Department of Pesticide Regulation in a suit by environmental groups challenging the approval of amended labels for two previously registered pesticides, saying the department’s efforts at environmental review were deficient.

  • September 20, 2017

    Death Wish Coffee Co. Recalls Cold Brew For Botulism Risk

    A New York-based company called Death Wish Coffee Co. is voluntarily recalling its canned “Nitro Cold Brew” coffee out of a risk of botulism, a potentially deadly type of food poisoning, according to a notice posted Tuesday by the U.S. Food and Drug Administration.

  • September 20, 2017

    Starr Says Juice Maker Should Have Disclosed Presuit Notice

    Starr Indemnity & Liability Co. told a Washington federal judge Tuesday that a notice of a possible suit under California's Proposition 65 labeling law created a claim that a fruit juice maker should have told the insurer about when it applied for a policy, while the juice maker urged the court to find the claim didn't arise until the suit was filed.

  • September 20, 2017

    EEOC, Darden Unit Trade Barbs About Sanctions In Bias Row

    The Equal Employment Opportunity Commission told a Florida federal magistrate judge Tuesday that he can still sanction a Darden Restaurants Inc. subsidiary should he find that documents sought in an age discrimination suit regarding the Seasons 52 restaurant chain weren’t destroyed in bad faith, while the company said doing so would flout precedent.

Expert Analysis

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • Punitive Damages In Mass Torts: Outrageous And Reckless

    Stephen McConnell

    There is no consistency to the punitive damages process: One case might be halted by a judge who applies Daubert to preclude junk science, while another judge waves virtually the same case by and a jury socks the defendant with a $110 million verdict. Our system of civil litigation looks like jackpot justice, says Stephen McConnell of Reed Smith LLP.

  • Unlisted Food Ingredients: A Recipe For Trouble

    Jack Nolan

    The Middle District of Tennessee recently denied Whole Foods’ motion to dismiss a complaint concerning a slice of pizza containing undisclosed pecans consumed by a child with a severe nut allergy. Warnings may be required when an ingredient is something to which a “substantial number of persons” are allergic, says Jack Nolan of Weil Gotshal & Manges LLP.

  • Can You Stop Photography During An FDA Inspection?

    Katie Gates Calderon

    Recently, the U.S. Food and Drug Administration issued a warning letter to a homeopathy company accusing it of impeding the agency’s investigation by refusing to permit photography. While raised in the context of a different regulated industry, this warning letter has renewed familiar concerns from many food industry clients, say attorneys with Shook Hardy & Bacon LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • When IPO Companies Stumble Out Of The Blocks

    Kevin LaCroix

    Snap Inc. was hit with a securities suit two months after its initial public offering earlier this year. More recently, Blue Apron Holdings was hit with a securities suit just seven weeks after its IPO. These cases underscore the securities litigation vulnerability of newly public companies, says Kevin LaCroix of RT ProExec.

  • 8th Circ. Sick Day Decision Hinged On Company 'Loyalty'

    Eve Wagner

    The benefits employees enjoy in belonging to a labor union can be numerous. However, as the Eighth Circuit recently demonstrated with its decision in MikLin Enterprises Inc. v. National Labor Relations Board, a union can't protect against termination if an employer finds an employee bad-mouthed the business to the extent that it impacts revenue, says Eve Wagner of Sauer & Wagner LLP.

  • Navigating The Murky Waters Of Joint Employment Risks

    Joseph Piesco

    Those seeking to respond to the risks of joint employment will find little comfort in some of the court and agency decisions that have been the focus of so much conversation over the past three years. The fact that there is no clear and consistent approach to what will support a finding of joint employment is a function of several factors, say Joseph Piesco and Norm Leon of DLA Piper.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.