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Food & Beverage

  • September 6, 2018

    Suit Over Coverage For Bee Kill-Off To Move Forward

    A California federal judge refused to grant multiple insurers a win Wednesday in a suit over coverage for underlying litigation against a commercial farm that killed off bee colonies it had used for pollination, saying there were factual disputes that make the applicability of two exclusions an open question.

  • September 6, 2018

    Kona Beer Drinkers Seek Class Cert. In Packaging Suit

    Kona Brewing Co. customers claiming the company dupes consumers into thinking mainland-made beer is brewed in Hawaii urged a California federal judge Thursday to certify a Golden State shoppers class, arguing that the product’s packaging confusingly lists Kona among its brewing locations, when only Hawaii-sold suds are made there.

  • September 6, 2018

    KFC Wage Suit Kept Out Of State Court For Now By 9th Circ.

    The Ninth Circuit ruled Thursday that a wage and hour class action lodged against a Kentucky Fried Chicken franchisee by its workers should remain in federal court for the time being since a California district judge essentially relied on “guesswork” when he concluded that the lead plaintiff met a key legal benchmark.

  • September 6, 2018

    Pizza Hut Drivers Close In On $2M Deal To End Wage Case

    Two Wisconsin Pizza Hut operators have agreed to a $2 million deal to settle a suit from a class and collective of delivery drivers who had alleged they were not adequately compensated for their driving expenses.

  • September 6, 2018

    Monsanto Can't Round Up Chemical Docs From Advocacy Org

    A New York judge handed a defeat to agrichemical giant Monsanto Co. on Thursday in its fight for documents from an advocacy group that has called for a halt on the use of glyphosate, the key ingredient in Monsanto’s Roundup weed killer, with the judge saying the subpoena risked "chilling" free speech and political activity.

  • September 6, 2018

    Cherokee Nation Tossed From Tuna Price-Fixing MDL

    The Cherokee Nation lacks standing to sue packaged tuna producers Bumble Bee Foods LLC, Chicken of the Sea and StarKist Co. for an alleged price-fixing conspiracy, a California federal judge has ruled in ejecting the tribe from a broader multidistrict litigation.

  • September 5, 2018

    Applebee's Franchisee Files Ch. 11 Plan As Litigation Looms

    RMH Franchise Holdings Inc. filed a Chapter 11 plan of reorganization Tuesday in Delaware that calls for a $10 million sale of new common stock to existing equity sponsor Acon Franchise Holdings Inc. and hinges on the debtor succeeding in litigation with Applebee’s over the validity of agreements that allow RMH to operate more than 100 Applebee's restaurants.

  • September 5, 2018

    Monster Energy Says Rival Markets 'Modern-Day Snake Oil'

    Monster Energy Co. sued Vital Pharmaceuticals Inc. in California federal court Tuesday, saying the rival energy drink maker falsely advertises its Bang beverage as a miracle potion that delivers cures “that have evaded scientists” while disparaging the quality and advantages of Monster drinks.

  • September 5, 2018

    Jimmy John's Store Sued Over Salmonella Outbreak

    A Wisconsin Jimmy John’s allegedly at the center of a 2017 salmonella outbreak was sued Tuesday by one of its purported victims, a woman who said the chain had long known of safety issues with the believed culprit, sprouts.

  • September 5, 2018

    Del Monte Should Get Fees In Pineapple Award Row: Judge

    A Costa Rican pineapple farm should have to pay a Monaco-based Del Monte unit's attorneys' fees for mounting a baseless and inadequate challenge against a more than $29.3 million arbitration award issued to the food production and distribution company, a Florida magistrate judge concluded.

  • September 5, 2018

    Real Mex Utility Payment Issues Cleared Up In Ch. 11 Case

    The Chapter 11 utility assurance procedures proposed by bankrupt restaurant chain Real Mex received court approval Wednesday in Delaware after a rare objection to the motion was overruled by a bankruptcy judge.

  • September 5, 2018

    Wine Spectator Hits 'Weed Spectator' With Trademark Suit

    The publisher of Wine Spectator magazine has sued a "copycat" rating site called "Weed Spectator" for trademark infringement in New York federal court, saying it doesn’t want to be associated with “a drug that cannot legally be consumed recreationally in 42 states.”

  • September 5, 2018

    FDA Focus: What Morgan Lewis' Practice Chair Is Watching

    Morgan Lewis & Bockius LLP's Kathleen Sanzo, leader of the firm's U.S. Food and Drug Administration practice, tells Law360 she's tracking food safety challenges, surging litigation against dietary supplement companies, new FDA policies on personalized-medicine devices and the agency's efforts to boost generic drugs. This is the latest in a series of interviews with FDA practice leaders.

  • September 4, 2018

    Chipotle Wins Pause Of Workers' Wage Action To Appeal

    Chipotle workers who claim they weren't paid for off-the-clock work can't arbitrate their claims until after the company’s appeal challenging their right to do so is resolved, a Colorado federal judge ruled Tuesday.

  • September 4, 2018

    5th Circ. Won't Revive Whole Foods Employee's 401(k) Suit

    The Fifth Circuit on Tuesday upheld the dismissal of a former Whole Foods employee's stock-drop suit accusing the grocer's executives of allowing investment in the company's retirement plan even though it was in the midst of an overpricing scheme, saying it wouldn't second-guess executives' initial decision not to disclose the fraud. 

  • September 4, 2018

    Real Estate Rumors: TD Bank, Publix, Puma

    TD Bank reportedly loaned $18 million for a mixed-use project in Phoenix, Publix is said to have bought a former Safeway store in Florida for $11 million and sportswear retailer Puma is reportedly leasing nearly 29,000 square feet in Manhattan.

  • September 4, 2018

    Kind Bars Maker Accused Of Misleading Ingredient Lists

    A proposed class of consumers accused Kind LLC of misleading them about the ingredients in two of the snack food maker’s products in a suit filed in Brooklyn federal court Tuesday, saying the company gives shoppers the false impression that it uses unprocessed fruit.

  • September 4, 2018

    EU Looks To Resolve Trade Beef With US Over Meat Exports

    The European Commission has moved to open negotiations with the U.S. on a trade quota imposed on exports of beef into the European Union as part of a recent effort by the two trading partners to usher in a "new phase" of their relationship.

  • September 4, 2018

    Ex-GrubHub Driver Fights On For 'Gig Economy' Ruling Redo

    A former driver for GrubHub seeking reconsideration of the determination that he is an independent contractor rather than an employee asked a California federal court Saturday to decide whether his case should be reviewed in light of the California Supreme Court’s Dynamex decision.

  • September 4, 2018

    Frito-Lay Says ‘Pretzel Crisp’ Trademark Fight Is Getting Stale

    PepsiCo's Frito-Lay Inc. is urging a North Carolina federal judge to uphold a ruling by the Trademark Trial and Appeal Board that “pretzel crisps” is a generic phrase, saying that rival snack maker Snyder’s-Lance has twice been shut down by the board and is now “desperate for a different outcome” in court.

Expert Analysis

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Beer, Wine, Alcohol And Taxes: A Most Excellent Recipe

    Ed Brown

    Producers of beer, wine and distilled spirits were treated very well by last year's tax reform. Even before taking into consideration the reduction in effective tax rates and other tax changes that benefit all businesses, craft brewers, small vintners and artesian distillers received much needed relief relating to federal excise taxes, say Edward Brown and James McCarten of Burr & Forman LLP.

  • Fewer Remedies In Calif. For Targets Of Defamatory Reviews

    Pooja Nair

    Earlier this month, the California Supreme Court ruled in Hassell v. Bird that Yelp could not be ordered to remove negative reviews of a law firm that were found to be defamatory. While the decision is a victory for internet platforms and websites, the scope of immunity under the Communications Decency Act has not been fully drawn out, says Pooja Nair of TroyGould PC.

  • Inside Kavanaugh's Merger Challenge Dissents

    Timothy Gray

    In the D.C. Circuit's Anthem and Whole Foods cases, U.S. Supreme Court nominee Judge Brett Kavanaugh disagreed with his colleagues’ decisions to block the contemplated mergers, suggesting an antitrust jurisprudence leery of excessive enforcement activity, say Timothy Gray and Melissa Ginsberg of Patterson Belknap Webb & Tyler LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.