Food & Beverage

  • October 5, 2017

    NY Diner Reaches Deal To End 'Singing Server' NLRB Row

    A group of “singing servers” at Ellen's Stardust Diner has finally reached a settlement with the iconic New York restaurant on the eve of a National Labor Relations Board trial that would have dredged up details about 19 alleged violations of federal law that included 31 retaliatory firings as the servers launched a unionization effort.

  • October 5, 2017

    Heartland Gets Initial OK For $2.5M Deal In AmEx Fee Suit

    A New Jersey federal judge Wednesday preliminarily approved a $2.5 million settlement that ends a Texas restaurant operator's proposed class action against Heartland Payment Systems Inc. for allegedly making merchants pay increased fees for processing American Express transactions.

  • October 5, 2017

    Deals Rumor Mill: Bain Capital, Unilever, SeaWorld

    Bain Capital plans to list the multibillion-dollar memory business it recently bought from Toshiba, a number of private equity suitors are vying for Unilever's margarine and spreads business, and Merlin Entertainments is considering an acquisition of SeaWorld, worth a little more than $6 billion.

  • October 5, 2017

    Kraft Wants Full Fed. Circ. To Review Obviousness Ruling

    A Kraft unit urged the Federal Circuit on Wednesday to rehear a split panel decision affirming the invalidation of a resealable cookie container patent that Kraft accused Kellogg of infringing, saying the panel used an analysis that is prohibited by the court.

  • October 5, 2017

    Applebee's Franchisee Loses Bid To Arbitrate PAGA Claim

    A California appeals court on Wednesday backed a denial of an Applebee’s franchisee’s bid to compel individual arbitration of a former employee's Private Attorneys General Act claims alleging failure to pay overtime and minimum wage, rejecting the company’s contention that an agreement she signed required her to arbitrate the claim.

  • October 5, 2017

    6th Circ. Won't Revive Ex-Kroger Workers' Firing Suit

    The Sixth Circuit on Thursday rejected an appeal from two former Kroger grocery store workers who sued their employer and union after being fired for making an unauthorized store purchase while on the job, saying the firing was consistent with company policy.

  • October 5, 2017

    FTC Seeks More Info On $285M Conagra-Smucker Oil Deal

    The Federal Trade Commission has asked for more information about Conagra Brands' plan to sell its Wesson cooking oil line to J.M. Smucker for $285 million, according to Conagra.

  • October 5, 2017

    Trader Joe's Still Can’t Escape Underfilled Tuna Suit

    A California federal judge on Tuesday refused to toss the bulk of a proposed class action accusing Trader Joe’s Co. of underfilling cans of tuna, saying the discount grocery chain was not covered by a special FDA permit freeing it from certain labeling requirements at the time the consumers' allegations were made.

  • October 4, 2017

    Del. Ch. 11 Judge Keeps Alive Haggen Asset-Stripping Suit

    A Delaware bankruptcy judge refused Tuesday to shut down part of a creditor committee’s lawsuit seeking to reunite the supermarket and property assets of bankrupt Haggen Holdings LLC, saying a trial is needed to better understand the rationale behind the corporate structure devised by former principal stakeholder Comvest Partners.

  • October 4, 2017

    11th Circ. Kills Malpractice Claims Against Boies Schiller

    An Eleventh Circuit panel Wednesday did not revive claims of malpractice against Boies Schiller Flexner LLP by Colombian nationals who said the firm put them at risk for retaliation, ruling that they failed to show an injury.

  • October 4, 2017

    Mass. Court Stoutly Backs Beer Distributor's $2.6M Fine

    A Massachusetts state court has upheld a record $2.6 million fine leveled by the state’s Alcoholic Beverages Control Commission against a beer distributor that paid bars to carry its brews in violation of pay-to-play regulations.

  • October 4, 2017

    Tyson Moves Chicken Price-Fix Suit From Florida To Illinois

    A Florida federal judge Wednesday reversed a magistrate judge's order and allowed Tyson Foods Inc. to transfer an antitrust suit from Florida to Illinois, saying the magistrate judge misapplied multidistrict litigation rules.

  • October 4, 2017

    Calif. Agency Can't Authorize Crab Fishing Yet, Suit Says

    A California state agency allows commercial Dungeness crab fishing that entangles whales and sea turtles in violation of the Endangered Species Act, according to a lawsuit filed in federal court Tuesday asking to halt the fishing until a proper permit is granted.

  • October 4, 2017

    Olive Oil Co. Says Labeling Did Not Violate Tariff Act

    Olive oil maker Deoleo USA Inc. on Tuesday told a California judge that labeling its olive oil as “imported from Italy” did not violate the Tariff Act, arguing that a class of consumers had failed to show that the description was deceiving.

  • October 4, 2017

    11th Circ. Won't Revive Chipotle Consumer's GMO Suit

    The Eleventh Circuit on Wednesday upheld the dismissal of a Florida woman’s proposed class action alleging that Chipotle lied about using genetically modified ingredients in its food, saying that she suffered no actual loss and couldn’t show she was harmed by the chain’s advertising.

  • October 4, 2017

    Frito-Lay Agrees To Change Labels To End 'All Natural' Suit

    Frito-Lay has removed wording on its labels saying that certain chips and dip products are “made with all natural ingredients,” and has agreed to further labeling restrictions to resolve a five-year-old false labeling lawsuit, a proposed class of consumers told a New York federal judge on Tuesday.

  • October 4, 2017

    Cattle Grazing Not Causing Trout Decline, Ore. Judge Says

    An Oregon magistrate judge on Tuesday came down in favor of the U.S. Forest Service and livestock owners in a suit brought against them by environmental groups alleging a policy allowing cattle to graze alongside a trout habitat reduced the population to just 100 fish, saying there’s no evidence the grazing has caused a decline in fish numbers.

  • October 4, 2017

    EEOC Fights To Keep Expert Witness In Darden Unit Bias Suit

    The Equal Employment Opportunity Commission fired back at a challenge Wednesday to its expert witness in an age discrimination suit against Darden Restaurant Inc.'s Seasons 52 restaurant chain, arguing that the witness' statistical analysis met the court's standard for expert testimony.

  • October 4, 2017

    NJ Justices Trim TGI Friday's, Carrabba's Drink Price Suit

    A split New Jersey Supreme Court on Wednesday tossed most of the allegations in litigation alleging TGI Friday's and Carrabba's Italian Grill flouted consumer protection laws by omitting drink prices on menus, but said Carrabba's patrons who were charged different drink prices during the same visit can pursue their claims.

  • October 4, 2017

    Junior Mints Packages Have Too Much Air, Consumer Claims

    Tootsie Roll Industries’ Junior Mints candies are packaged with too much empty space — almost twice as much as Hershey’s comparably sized Milk Duds — a proposed class of consumers told a New York federal court on Tuesday, claiming they paid for more candy than they actually received.

Expert Analysis

  • Rebuttal

    Assessing 'The Value Of Class Actions'

    Andrew Pincus

    In a recent Law360 opinion piece, Gary Mason claimed that class actions provide “significant benefits” to class members. But the study he conducted to support this conclusion shows just the opposite, says Andrew Pincus of Mayer Brown LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opinion

    It’s Time To Fix FIFRA Preemption

    Lawrence Ebner

    Pesticides, like drugs and other products whose safe use is heavily regulated by the federal government, simply should not be subject to the whims of local government officials. The Federal Insecticide, Fungicide and Rodenticide Act is long overdue for an amendment that would expressly and unequivocally preempt all local regulation of pesticide sale and use, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Waffle House Arbitration Ruling May Reach Past 11th Circ.

    Neal Ross Marder

    The impact of the Eleventh Circuit's recent decision in Jones v. Waffle House may be far-reaching, as it has significantly widened the circuit split over the "wholly groundless" exception to arbitrability clauses, and has added persuasive authority that could sway undecided circuits to join in rejecting that exception, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • Opinion

    The Proper Measure Of The Value Of Class Actions

    Gary Mason

    Despite many examples of benefits obtained by plaintiffs, corporate America loudly claims that class actions don’t benefit anyone other than the attorneys who bring them. What do they base this on? Not much, says Gary Mason of Whitfield Bryson & Mason LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • A Plaintiff’s Guide To Discovery Proportionality: Part 2

    Max Kennerly

    Proportionality is often a question of whether discovery production has reached a point of diminishing returns, and about the marginal utility of additional discovery once the core discovery in the case has been completed. In other words, proportionality is a method to avoid going in circles or getting sidetracked, not an excuse for cutting corners, says Max Kennerly of Kennerly Loutey LLC.