Food & Beverage

  • March 20, 2017

    Distillery Owners Battle Over Oral Operating Agreement

    A minority member of a whiskey and rum distillery filed suit in Delaware Chancery Court late Friday saying the other two members changed their oral operating agreement without his knowledge in an effort to push him out of the business and dilute his interest.

  • March 20, 2017

    Wine Co. Can't Trim ‘Redundant’ Claims In Worker Death Suit

    A California federal judge on Monday denied a winemaker's bid to strike “redundant” portions of the federal government’s environmental justice suit alleging Clean Air Act violations and other claims in connection with a worker’s 2012 death from anhydrous ammonia exposure, saying the laws and regulations complement each other.

  • March 20, 2017

    9th Circ. Says Fishermen's APA Suit Lacks Jurisdiction

    The Ninth Circuit said Friday that it did not have jurisdiction over a suit brought by a group of fishermen alleging that a decision by the National Park Service to enforce bans on commercial fishing in the Golden Gate National Recreation Area was unlawful, ruling that the case should be remanded and dismissed because it was improperly brought.

  • March 20, 2017

    Fishing Co. Blasts Angler's 'Fantastical' Claims In Injury Suit

    A fishing company accused of coercing a Filipino fisherman injured at sea into signing a release in exchange for a pittance blasted the former worker in Washington federal court Friday, arguing the "fantastical" allegations of coercion amount to a “pan-Oceanic conspiracy” conjured from nothing.

  • March 20, 2017

    37 Tons Of Beef Recalled For Rare Type Of E. Coli

    The U.S. Department of Agriculture on Sunday announced a recall of nearly 37 tons of beef produced by a Texas-based company after state inspectors found that a sample tested positive for a rare strain of E. coli.

  • March 20, 2017

    Judge Urged Not To Melt Margarine Suit After Cert. Denial

    A consumer has hit back at ConAgra Foods’ bid to dismiss the remains of a proposed class action over trans fats in Fleischmann's margarine, arguing that a federal judge has jurisdiction over the case even after class certification was denied.

  • March 20, 2017

    $2M In Attys' Fees, Costs Sought In McDonald's Wage Suit

    A group of McDonald’s workers asked a California federal judge Friday to award their attorneys $2 million in fees and costs for litigating a wage-and-hour suit stemming from their employment at several San Francisco Bay Area locations, a request they say reflects less than half of what was actually incurred in the action.

  • March 20, 2017

    Iowa Water Nitrate Pollution Suit Is Tossed By Fed. Court

    An Iowa federal judge has dismissed a suit brought by the Des Moines Board of Water Works Trustees alleging several upstream water drainage districts polluted the river with nitrates, ruling Friday that the districts had legal immunity and that a constitutional challenge failed.

  • March 20, 2017

    Posh NYC Cafe Gets Trial Date For Waiter Pay Class Action

    Former River Café waiters who say the pricey eatery in Brooklyn's DUMBO neighborhood stiffed them out of millions of dollars in tips and other wages over eight years were given a trial date Monday in a long-running paycheck action targeting owner Michael "Buzzy" O'Keeffe.

  • March 20, 2017

    $5.7M Arbitration Award Confirmed In Grocery Contract Row

    A New York federal judge on Friday confirmed a $5.7 million arbitration award to a United Arab Emirates-based food distributor and retailer from a grocery exporter.

  • March 17, 2017

    Fed. Circ. Backs Dow's $5.9M Fee Award In Bayer Patent Case

    The Federal Circuit on Friday upheld a lower court's decision that Bayer must pay Dow $5.9 million in attorneys' fees because its suit against Dow over soybean patents was based on a "contorted reading" of a license and "should never have been filed."

  • March 17, 2017

    Pilgrim's Pride Temp Agency Sees EEOC Bias Suit Tossed

    An Alabama federal court Friday dismissed a U.S. Equal Employment Opportunity Commission complaint against a temporary-staffing company for a Pilgrim's Pride poultry processing facility where Latino workers were segregated and denied benefits, but said the agency can amend its complaint to fix deficiencies.

  • March 17, 2017

    1 El Pollo Loco Insider Trading Claim Advances In Del.

    One Delaware insider trading count went forward Friday against El Pollo Loco restaurant chain directors accused of selling $132 million in stock after the company made misleading performance statements, but a second Chancery Court count was stayed pending action in a California federal securities suit.

  • March 17, 2017

    Bharara Said To Have Been Eyeing Stock Trades By HHS' Price

    Former Manhattan U.S. Attorney Preet Bharara was investigating U.S. Department of Health and Human Services Secretary Tom Price for stock trades the Georgia Republican made while serving as a member of Congress, according to a Friday report.

  • March 17, 2017

    Jimmy Buffett's Margaritaville Beats 'Marijuanaville' TM

    Jimmy Buffett and his “Margaritaville” empire won a ruling Thursday that blocks a Colorado woman from registering “Marijuanaville” as a trademark, a decision that said both terms call to mind “a chemically induced mental paradise.”

  • March 17, 2017

    Mondelez Beats Job Applicant's Credit Reporting Suit

    An Illinois federal judge Friday tossed a Fair Credit Reporting Act suit over Mondelez Global LLC’s online job application, saying a procedural violation of the law was not sufficient for an applicant to bring suit against the food and beverage company.

  • March 17, 2017

    GNC, Consumers Agree To End 'Slack Fill' Suit

    GNC Holdings Inc. and a putative class of consumers in a “slack fill” lawsuit accusing the health products retailer of misleading customers with underfilled protein powder tubs agreed to end the suit, according to a filing in California federal court on Thursday.

  • March 17, 2017

    Judge Shaves Attys' Fees In Rita's Ice TCPA Settlement

    A Pennsylvania federal judge on Thursday trimmed to $651,000 from $1 million the attorneys’ fees awarded in a Telephone Consumer Protection Act class action suit brought against Rita’s Water Ice Franchise Co. LLC, an amount the judge determined after performing an analysis of class counsel's fee request.

  • March 16, 2017

    Bud Light Lime-A-Rita Is 'Light' Enough, 9th Circ. Holds

    The Ninth Circuit on Thursday affirmed the dismissal of a putative class action accusing Anheuser-Busch LLC of tricking Bud Light Lime-A-Rita drinkers into thinking the sugar-loaded beverage is low-calorie, ruling that the "light" appellation isn't deceptive because the malt beverage does have fewer calories than a traditional margarita.

  • March 16, 2017

    Jimi Hendrix Family Feud Continues With New Suit Over Pot

    Jimi Hendrix’s brother and adopted sister are butting heads in court again, according to a complaint filed in New York federal court Thursday in which the Hendrix estate, run by sister Janie, is accusing brother Leon of infringing estate trademarks with Jimi-branded marijuana edibles and other goods.

Expert Analysis

  • How 401(k) Benefits Can Attract Millennial Legal Talent

    Nathan Fisher

    If today’s law firms are willing to rethink their perceptions of millennials, they may see greater success in attracting and retaining new talent by giving the younger generation the kind of retirement planning benefits they want and need, says Nathan Fisher of Fisher Investments.

  • The Loss Of Confidentiality In NY Arbitral Enforcement Cases

    Jonathan J. Tompkins

    A sobering series of decisions from New York federal courts has made clear that the valued benefits of confidentiality attendant to arbitration will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York, says Jonathan Tompkins of Shearman & Sterling LLP.

  • Opinion

    Proposed Bill Threatens Franchising In Florida

    S. Douglas Knox

    The Protect Florida Small Business Act recently introduced in the Florida Legislature, if passed, would constitute the most invasive, onerous and intrusive state franchise relationship law ever enacted in the United States, if not the world, say attorneys with Quarles & Brady LLP.

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Bottle Caps And The Power Of IPR Secondary Considerations

    Reid Dodge

    The Patent Trial and Appeal Board's recent inter partes review decision in World Bottling v. Crown demonstrates that secondary considerations have the potential to alter the evidentiary landscape and recast factors favoring invalidity into proof of patentability, say Reid Dodge and Richard Marsh of Faegre Baker Daniels LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Legal Pot Industry Bugged By Lack Of Pesticide Guidance

    Telisport W. Putsavage

    Marijuana cultivation suffers from the same pest and disease pressure as any large commercial greenhouse operation. However, the circumstance unique to this setting is that any use of a pesticide in the cultivation of marijuana is a violation of federal law, says Telisport Putsavage of Putsavage PLLC.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.