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Food & Beverage

  • 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.

  • June 4, 2018

    CIT Orders Commerce To Reveal Mexican Sugar Trade Details

    The U.S. Court of International Trade has ordered the U.S. Department of Commerce to disclose the substance of private negotiations between the top U.S. trade official and sugar industry representatives last year as a deal was being worked out to keep tariffs on imports of Mexican sugar suspended.

  • June 4, 2018

    High Court's Narrow Ruling Leaves Water Law Questions Open

    The U.S. Supreme Court on Monday issued a criminal sentencing ruling that sidestepped a larger issue of how fragmented 4-1-4 decisions should be interpreted by lower courts — something environmental attorneys had been watching for its importance to the ongoing battle over the Clean Water Act's reach.

  • June 4, 2018

    9th Circ. Sides With Mars In Child-Labor Labeling Suit

    The Ninth Circuit on Monday affirmed a district court’s decision to toss a putative class action alleging Mars Inc. had a duty to disclose on its candy labels that African child slaves might have produced its cocoa, finding that California laws don’t obligate companies to make such disclosures.

  • June 4, 2018

    Wine Co. Shareholder Must Hand Investor $29M, Judge Says

    A Florida federal judge slapped a controlling shareholder in a Chilean wine company with a $28.7 million judgment Monday, after finding for a Delaware-based investor in its dispute seeking to confirm an arbitration award stemming from the soured business venture.

  • June 4, 2018

    Tribe Urges Justices To Restore $27M Tax Arbitration Win

    The invalidity of one clause should not negate an entire arbitration agreement, especially since federal policy strongly encourages enforcing arbitration, an Oklahoma tribe recently told the U.S. Supreme Court in a bid to restore a $27 million arbitration victory against Oklahoma involving alcohol sales tax exemption.

  • June 4, 2018

    Tribes Denied In Bid To Stop Crab Fishery Plan In Wash.

    A Washington federal judge on Friday denied bids from various tribes for a temporary restraining order barring the Lummi Nation from carrying out a crab fishery plan in an area of water that encompasses Skagit Bay, saying that the Lummi has already said it doesn't have any plans to actually fish the waters.

Expert Analysis

  • Food Contamination: When Responsible Parties Are Identified

    Eldon Edson

    Following outbreaks of foodborne illnesses, such as the recent E. coli case attributed to romaine lettuce, public agencies investigate to control further exposure and prevent similar incidents in the future. However, once identified, members of the overall chain of supply are all potential defendants in lawsuits likely to be brought by those affected by the outbreak, says Eldon Edson of Selman Breitman LLP.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Inside The New GMO Labeling Disclosure Proposal

    Robert Hibbert

    Last week, the U.S. Department of Agriculture released its highly anticipated rule for labeling foods that contain genetically modified organisms, or “GMOs.” The proposal suggests a sweeping national disclosure requirement and, given the variety of consumer perceptions of bioengineered foods, could generate debate over certain label ideas, say Robert Hibbert and Ryan Fournier of Morgan Lewis & Bockius LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • When Must Manufacturers Anticipate Product Misuse?

    Stephen Copenhaver

    Not all injuries arising from the abuse or misuse of a product may lead to manufacturer liability. If the misuse was not reasonably foreseeable, the law does not hold manufacturers responsible in tort. But it can be difficult to determine which misuses are reasonably foreseeable and which are not, say Stephen Copenhaver and Sarah Schiferl of Schiff Hardin LLP.

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A New Question On Tribal Fishing Rights For High Court

    Corrie Plant

    Based on recent oral arguments in Washington v. United States — a case involving the off-reservation fishing rights of 21 Native American tribes in the Pacific Northwest — it appears that the U.S. Supreme Court will likely announce some standard of what constitutes violation of these tribal rights, says Corrie Plant of Bick Law LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.