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Food & Beverage

  • June 6, 2018

    Conrad & Scherer Says Atty Perjured Himself In Chiquita MDL

    Conrad & Scherer LLP slammed an independent attorney’s effort to get the firm thrown from multidistrict litigation alleging Chiquita funded Colombian paramilitaries, telling a Florida federal court Wednesday that the solo practitioner doesn’t have the ability to represent the clients and had committed perjury.

  • June 6, 2018

    Wendy's Data Breach Claims To Be Governed By Ohio Law

    A Pennsylvania federal judge on Wednesday accepted a magistrate’s recommendation that a lawsuit against fast-food chain Wendy’s by a group of financial institutions in 16 states be governed by Ohio law for negligence claims involving a 2016 payment card data breach.

  • June 6, 2018

    Faulty Coffee Filter Claims Survive Walmart Toss Attempt

    A California federal judge on Tuesday allowed breach of warranty and unfair business practice claims to move forward in a suit brought by a putative class of consumers who say that single-serve coffee filters they bought from Walmart do not work in Keurig 2.0 machines.

  • June 6, 2018

    Planet Hollywood Owner Gets Bertucci's At Auction For $20M

    Restaurant holding company and Planet Hollywood parent Earl Enterprises has purchased bankrupt Bertucci’s at auction for $20 million, bringing the Italian casual dining chain into its wide-ranging portfolio.

  • June 6, 2018

    Applebee's Tees Up Litigation With Bankrupt Franchisee

    The parent company of Applebee’s Neighborhood Bar and Grill told a Delaware bankruptcy judge Wednesday that it was ready to move forward with an adversary complaint against one of its largest franchisees and it would not oppose the intervention in the case of creditors.

  • June 6, 2018

    I'm From The Government & I'm Here To Sue Over Trademarks

    It's one thing to face trademark accusations from a big scary company, but what about from the government? A new case filed last week over the "Virginia Is For Lovers" tourism slogan is just the latest in a string of recent public-private brand battles.

  • June 6, 2018

    Panera Customers End Breach Suit, Say They Weren't Harmed

    An Illinois federal judge Tuesday terminated a proposed class action against fast-casual food chain Panera Bread Co. over an alleged customer information data breach, after the plaintiffs voluntarily dismissed the suit because they were not affected by the incident.

  • June 6, 2018

    Slots Chain Will Pay $3.5M To End EEOC Disability Bias Suit

    Slots chain Dotty’s will pay $3.5 million to end a U.S. Equal Employment Opportunity Commission suit in Nevada federal court alleging its policy requiring injured employees to heal fully before coming back to work discriminates against disabled workers, the agency announced Wednesday.

  • June 6, 2018

    Costco Says Consumers Weren't Harmed By Recalled Berries

    Consumers suing Costco Wholesale Corp. for selling a berry mix allegedly contaminated with hepatitis A didn't actually contract the virus and therefore can't bring product liability allegations, the retailer told a California federal court ahead of a July trial.

  • June 6, 2018

    EU Retaliatory Duties On US Goods Slated To Hit In July

    The European Union announced Wednesday that its duties on more than $3 billion worth of U.S. goods will take effect in July as Brussels retaliates against the Trump administration’s steel and aluminum restrictions with a 25 percent levy on U.S. metals, vehicles, food products and scores of other items.

  • June 5, 2018

    Judge Sides With USDA On Beef, Pork Labeling Rules

    A Washington federal judge on Tuesday tossed ranchers' challenge to the U.S. Department of Agriculture's relaxed origin-labeling rules for beef and pork, saying the rules "directly reflected" congressional mandates.

  • June 5, 2018

    Kennedy Ends ‘Masterpiece’ With LGBT Rights Legacy Intact

    The case of a baker who refused custom cake orders for same-sex weddings on religious grounds was perhaps the biggest test yet of Justice Anthony Kennedy's robust LGBT rights legacy, but after the dust settled on Monday's ruling in favor of the baker, that record remained largely unblemished.

  • June 5, 2018

    2nd Bite At ‘Natural’ Cooking Oil Suit Hinges On Money

    The survival of a putative class action claiming Conagra Brands Inc.'s Wesson brand cooking oils are misrepresented as "natural" despite containing genetically modified plants turns on the perception of economic injury to consumers, the First Circuit suggested Tuesday during oral arguments.

  • June 5, 2018

    Egg Farmers' Obscure Defense Cracks In Price-Fixing MDL

    A Pennsylvania federal judge ruled Tuesday that egg producers can't use an obscure 1922 statute that protects farmers from antitrust laws to escape claims in a multidistrict-litigation trial alleging they conspired to fix egg prices, saying the defendants don't qualify for the century-old law's protection.

  • June 5, 2018

    Swedish Court Says Russian Tribunal Violated Due Process

    The Swedish Supreme Court has refused to enforce a Russian arbitral award ordering a Swedish robotics company to pay a meat processor nearly $400,000, concluding that the tribunal disregarded due process when it refused to give the Swedish company more time to present its case.

  • June 5, 2018

    Dow, Shell Hit With Calif. Water Contamination Suits

    A California Central Valley school district and a municipal water company sued Dow Chemical, Shell Oil and others in state court Monday, alleging they contaminated the local water supply with a toxic chemical once prevalent in pesticides and now regulated by the state.

  • June 5, 2018

    Pepsi Can’t Stop Conn. Ad Agency’s Super Bowl Suit

    Pepsi lost its bid to dismiss a Connecticut advertising agency’s claim that it stole a pitch for a Super Bowl ad when a New York federal judge on Monday ruled the latter sufficiently showed the soda giant should have at least negotiated its use of the idea.

  • June 5, 2018

    Mexico Hits Back At US With Steel, Pork Tariffs

    Mexico hit the U.S. on Tuesday with tariffs on steel and agricultural products — including pork, cheese, apples and potatoes — in response to the Trump administration’s sweeping duties on steel and aluminum imports.

  • June 5, 2018

    Texas Co. Recalls 34K Lbs. Of Beef Products Due To Plastic

    A Texas-based producer of meat and vegetable burger patties is recalling approximately 34,400 pounds of fully cooked ground beef products that might be contaminated with hard, white plastic, the U.S. Department of Agriculture's Food Safety and Inspection Service said Monday.

  • June 5, 2018

    MoMA Fights Cafe’s Claim That TM Not Famous Enough

    The Museum of Modern Art asked a New York federal court Tuesday to reject Manhattan cafe MoMaCha's bid to throw out a trademark dilution claim in MoMA’s infringement suit against the eatery, arguing the museum’s nickname, word marks and logo are indeed famous despite the cafe’s contention that they are not.

Expert Analysis

  • Advertiser Self-Regulation And Class Actions: Part 2

    John Villafranco

    Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.

  • Advertiser Self-Regulation And Class Actions: Part 1

    John Villafranco

    When an advertiser voluntarily participates in industry self-regulation before the National Advertising Division, it does so expecting to avoid litigation. Yet there is a consistent concern among advertisers that NAD participation may make consumer class action litigation more, rather than less, likely. Attorneys with Kelley Drye & Warren LLP examine whether NAD decisions actually provide fodder for class actions.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 2

    David Kluft

    As many attorneys head to Seattle this week for meetings of the International Trademark Association and the American Intellectual Property Law Association, David Kluft of Foley Hoag LLP explores the city's history through trademark disputes from the early 20th century.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 1

    David Kluft

    As many attorneys head to Seattle for meetings of the International Trademark Association and the American Intellectual Property Law Association, let's explore the city's history through trademark disputes from the early 20th century, says David Kluft of Foley Hoag LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • Tackling Depositions In Wage And Hour Misclassification Suits

    Excerpt from Lexis Practice Advisor
    Kamran Mirrafati

    A plaintiff’s deposition is often the most crucial deposition in wage and hour exemption misclassification cases. Kamran Mirrafati and Archana Manwani of Foley & Lardner LLP discuss how to prepare for and take this type of deposition, as well as how to defend the deposition of a Federal Rule of Civil Procedure 30(b)(6) witness in such cases.

  • Banks Suing After Payment Card Breach Face Difficulty

    Donald Houser

    The Seventh Circuit's decision last month in Community Bank of Trenton v. Schnuck may stem the growing tide of financial institution litigation against merchants who fall victim to cyberattacks, say Donald Houser and Ashley Miller of Alston & Bird LLP.