Food & Beverage

  • July 21, 2017

    5th Circ. Won't Revive $10M Warehouse Fire Coverage Suit

    The Fifth Circuit on Thursday shot down a Florida warehouse owner’s claim that Alterra American Insurance Co. owed it $10 million for underinsuring its warehouse, saying the owner's legal claims did not pass muster in multiple states.

  • July 21, 2017

    Judge Overturns Lengthy Debarment On DOD Food Contractor

    A Washington, D.C., federal judge has overturned a 15-year federal contracting debarment issued by the U.S. Department of Defense’s logistics agency to a food exporter and its owners after related overcharging cases, ruling the DLA lacked evidence for the necessary “aggravating circumstances” to justify the lengthy exclusion.

  • July 21, 2017

    Five Guys Can't Toss Blind Woman's ADA Suit Over Website

    A New York federal judge on Friday told burger chain Five Guys Enterprises LLC that it can’t dodge a putative class action alleging its website’s ordering systems aren’t accessible to blind users in violation of the Americans with Disabilities Act.

  • July 21, 2017

    Monsanto, BASF Hit With Class Action Over Herbicide Safety

    Chemical giants Monsanto Company and BASF Corp. have manufactured a defective herbicide that has damaged soybeans and other crops not genetically modified to withstand it, forcing the state to ban the herbicide and causing farmers substantial harm, according to a proposed class action filed Thursday in Arkansas state court.

  • July 21, 2017

    Brand Battles: Disney Gets Creative To Block 'Jedi' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lucasfilm once again goes deep into the details of the Star Wars universe, Frito-Lay takes on a look-alike Lay’s logo and the Chicago Cubs stay aggressive.

  • July 21, 2017

    Noodles & Co. Dodges Credit Unions’ Data Breach Suit

    A Colorado federal judge tossed a proposed class action brought by financial institutions over a Noodles & Co. data breach, ruling Friday that the credit unions’ negligence claims failed as they had not shown that the fast-casual chain had contractual obligations toward them.

  • July 21, 2017

    Darden Says Evidence Lacking In Customer's Receipt Suit

    Darden Restaurants Inc. has asked a Florida federal judge to order a consumer to show why her suit, which claims the restaurant improperly printed a receipt with her credit card's expiration date, should remain in court, arguing the customer has failed to provide any documents that support her case.

  • July 21, 2017

    Taxation With Representation: Bracewell, Baker, Cleary

    In this week’s Taxation With Representation, Ontario’s partially privatized electricity provider agrees to buy U.S.-based Avista Corp. in a $5.3 billion deal, U.K.-based Reckitt Benckiser inks a $4.2 billion sale of its food business to McCormick, and water-service provider Select Energy Services enters into a stock-for-stock merger deal with Rockwater Energy Solutions.

  • July 21, 2017

    Colonial Williamsburg Faces Gluten-Intolerant Boy’s ADA Suit

    A boy whose autoimmune disorder prevents him from eating food containing gluten has filed an Americans with Disabilities Act suit against historic Colonial Williamsburg in Virginia federal court, accusing it of discrimination for throwing him out of a tavern while his classmates experienced a simulation of 17th-century life inside.

  • July 21, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen an arbitration dispute between ICBC Standard Bank and a Russo-Mongolian mining venture, Barents Re's suit against PDV Insurance, and a financial services spat between Walker Crips brokerage and ADM's U.K. investment services unit. Here, Law360 looks at those and other new claims in the U.K.

  • July 20, 2017

    20 Minutes Of Research Could've Ended Book Row: Judge

    A Brooklyn federal judge on Wednesday slammed the attorneys behind a copyright suit over an Ethiopian cookbook, hitting them with sanctions and levying attorneys’ fees on their client after finding the case could have been avoided with 20 minutes of legal research.

  • July 20, 2017

    Greenberg Fights Ex-Client's DQ Bid In Wine Biz Fray

    Greenberg Traurig LLP accused a California winemaker and former client on Wednesday of trying to “wipe the slate clean” in a business breakup dispute through a recent tactical disqualification bid.

  • July 20, 2017

    S. Africa Court Seeks More Info On Dow-DuPont Merger Fixes

    South Africa's competition tribunal asked the country's watchdog Wednesday for more information about proposed antitrust remedies for Dow and DuPont's plan to merge into a $130 billion chemicals giant before clearing the deal.

  • July 20, 2017

    Purina, Wal-Mart, Others Beat Ad Suit Over Pet Food Pics

    A Michigan federal judge on Thursday shut down six suits accusing Nestle’s Purina unit, Wal-Mart Stores Inc., Hill’s Pet Nutrition Inc. and others of false advertising over premium food photos on pet food packaging, saying the claims didn't address how the photos were misleading.

  • July 20, 2017

    China To Allow US Rice Exports After USDA Agreement

    The U.S. Department of Agriculture has finalized an agreement with Chinese officials granting American farmers their first opportunity to export rice to the Asian nation, the agency announced Thursday.

  • July 20, 2017

    8th Circ. Asked To Revisit $32M Blue Buffalo False Ad Deal

    A class member told the Eighth Circuit on Wednesday that the panel was wrong to uphold a ruling that approved a $32 million settlement between Blue Buffalo Co. Ltd. and a class of consumers in a pet food false advertising suit, urging the court to grant his request for an en banc rehearing.

  • July 20, 2017

    EEOC Hits Tim Hortons Franchisee With Discrimination Suit

    The U.S. Equal Employment Opportunity Commission has slapped the operator of a Michigan franchise of Tim Hortons Cafe and Bake Shop with a suit alleging it violated a federal civil rights law by firing an employee who wore a skirt to work because of her religious beliefs, the agency announced Wednesday.

  • July 20, 2017

    Mister Softee Files TM Suit Over NJ Ice Cream Biz’s Sales

    Mister Softee Inc. has filed a trademark infringement lawsuit in New Jersey federal court against the owner of two ice cream stands on the Jersey Shore, claiming he is selling sweet frozen treats under the company's brand name without its permission.

  • July 20, 2017

    Lab Test Keeps Trader Joe's Truffle Kerfuffle Simmering

    A Manhattan federal judge told Trader Joe's Co. on Thursday not to bother filing a dismissal bid, after would-be classes of cheated condiment connoisseurs in New York and California said tests prove the grocery giant sold imported truffle-flavored olive oil that contains no "black truffle whatsoever."

  • July 19, 2017

    Idaho Top Court Preserves Veto Of Food Tax Repeal

    The Idaho Supreme Court refused to throw out Gov. C.L. “Butch” Otter’s veto of legislation that would have exempted groceries from state sales tax in a lengthy ruling Tuesday that dove into the origins of an obscure provision of the state’s constitution.

Expert Analysis

  • High Court Signals Interest In Vitamin C Price-Fix Case

    Nicholas Melzer

    For all companies engaged in international commerce, guidance from the U.S. Supreme Court on the Second Circuit's controversial decision in the Vitamin C Antitrust Litigation would be welcome. If the Supreme Court's recent request for input from the acting solicitor general is any indication, the court may agree, say Nicholas Melzer and Janet Chung of Holland & Knight LLP.

  • Distilling The 'Tequila' Trademark Trial And Appeal Board Case

    David Kluft

    Monday is National Tequila Day, and tequila manufacturers may have more reason to celebrate than usual — this year a trade association of Mexican companies finally won its battle to register "Tequila" as a certification mark in the United States, says David Kluft of Foley Hoag LLP.

  • A Chat With FTC’s Thomas Pahl

    Lucy Morris

    Recently, I joined a “fireside chat” with Thomas Pahl, acting director of the Federal Trade Commission’s Bureau of Consumer Protection. He discussed the FTC’s consumer protection priorities and its initiative to reform the agency’s investigative process, says Lucy Morris of Hudson Cook LLC.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Brazil’s Corruption Tipping Point

    Ariel Ramirez

    What began as a small money-laundering investigation at a gas station in the capital of Brazil has spread to corporations around the world and to the uppermost ranks of government. The best way for a company to understand its legal posture relative to its activities in Brazil is to undertake a comprehensive, independent investigation of operations in the region, says Ariel Ramirez of Berkeley Research Group LLC.

  • Calif. Aims To Raise Bar On Overtime Salary Test

    Gina Roccanova

    The California Senate is poised to act on a bill that would require a higher salary threshold for categorizing employees as exempt from overtime requirements. Many employers pay their exempt employees, and many of their nonexempt employees, more than the proposed minimum, but this legislation will have a greater impact on certain categories of businesses, says Gina Roccanova of Meyers Nave Riback Silver & Wilson PLC.