Food & Beverage

  • March 8, 2017

    Chipotle Foodborne Illness Shareholder Suit Gets Tossed

    A New York federal judge on Wednesday threw out a proposed shareholder class action against Chipotle Mexican Grill Inc. following several foodborne illness outbreaks in 2015, ruling that the investors failed to make a case that the fast-food burrito chain intentionally did wrong when making public statements about the outbreaks.

  • March 8, 2017

    Texas Roadhouse Blowing Smoke To Delay Bias Retrial: EEOC

    The Equal Employment Opportunity Commission shot back in Massachusetts federal court on Wednesday at Texas Roadhouse Inc.'s bid to delay an upcoming retrial in an age-discrimination suit because of a Boston Globe column the restaurant says will taint the future jury pool, calling the move nothing but smokescreen.

  • March 8, 2017

    Hard Rock Franchisee Asks 11th Circ. To Revive Trade Suit

    A Hard Rock Café International Inc. franchisee that ran a Hard Rock Cafe in the Bahamas asked the Eleventh Circuit on Tuesday to rethink a Florida federal judge's order tossing its allegations of unfair trade practices and civil conspiracy against the global restaurant, hotel and casino company.

  • March 8, 2017

    Applebee’s Settles Unpaid Vacation Claims With Ill. Workers

    Former Applebee’s workers in Illinois will be compensated for earned and unused vacation days under a $650,000 settlement agreement announced between the chain and a certified class of employees Tuesday.

  • March 8, 2017

    No Jurisdiction In Kazakh Farm Dispute, UK High Court Says

    The English High Court affirmed Wednesday that a London tribunal lacked jurisdiction to consider claims brought against Kazakhstan by a poultry farm operation, concluding that the company could not take advantage of an international arbitration provision in an underlying contract since it was not a foreign investor.

  • March 8, 2017

    Monsanto Blasts Wash.'s Bid To Remand PCB Pollution Suit

    Monsanto Co. has blasted the state of Washington’s bid to pull its lawsuit over the alleged contamination of waterways with polychlorinated biphenyls back to state court, arguing there are three independent bases for federal jurisdiction over the matter.

  • March 8, 2017

    Shepherds' Antitrust Minimum Wage Suit Tossed

    A Colorado federal court on Tuesday tossed a proposed antitrust class action accusing ranchers and industry organizations of suppressing the pay of a group of foreign shepherds with temporary work visas, saying a magistrate judge has already “masterfully and cogently” concluded the case isn’t viable.

  • March 8, 2017

    Del Monte Can't Stop Pineapple Sales In $32M Award Fight

    Del Monte Produce Inc. hasn’t shown it will suffer irreparable harm if a juice company isn’t blocked from buying pineapples from a grower Del Monte is seeking to confirm a $32 million arbitral award against, a Florida magistrate judge said Tuesday, recommending that the injunction bid be denied.

  • March 7, 2017

    FDA Warning Wire: Wockhardt Again In FDA Crosshairs

    The U.S. Food and Drug Administration once again scolded drugmaker Wockhardt for testing and record-keeping issues at a subsidary's plant, an issue that’s caused trouble for the drugmaker in the past, and chastised a Washington smoked salmon maker for listeria found in its facility. Here’s this week’s roundup of the agency’s enforcement actions.

  • March 7, 2017

    Coffee Chain Gets Wage Theft Suit Moved To Federal Court

    Chicago-based coffee shop chain Bow Truss and its owners, who are facing a putative class action over alleged wage theft filed by a group of former employees, moved the suit from county court to federal court on Tuesday.

  • March 7, 2017

    Insurer Sued For Coverage Of $3.5M Frozen Pea Recall

    National Frozen Foods Corp. has filed suit against its insurer, a unit of W.R. Berkley Corp., seeking coverage for the $3.5 million in damages the company said it sustained when possible listeria contamination forced it to recall approximately 470,000 pounds of frozen peas.

  • March 7, 2017

    Fishermen Challenge Obama’s Atlantic Marine Monument

    A coalition of New England fishermen organizations on Tuesday sued the federal government over former President Barack Obama’s designation of an oceanic national monument that they say will harm commercial fishing in the area.

  • March 7, 2017

    Reusable Coffee Pod Inventor Asks Fed. Circ. To Revive Patent

    A man who patented a reusable coffee pod for Keurig machines tried on Tuesday to reverse a U.S. International Trade Commission ruling holding that various claims in the patent were defective, telling a Federal Circuit panel that the commission read the claims too narrowly.

  • March 7, 2017

    Pepsi Wants Wage Suit Moved To Calif. District Court

    Pepsi-Cola Sales and Distribution Inc. on Monday sought to move an employee wage suit against it to California federal court from county court, saying the federal court is the proper venue for the case under the Class Action Fairness Act of 2005.

  • March 7, 2017

    EEOC, Seyfarth Owe Discovery Fees In Hiring Bias Suit

    A Florida federal judge on Monday said Seyfarth Shaw LLP must pay $500 out of pocket for subpar discovery answers during its representation of Darden Restaurants Inc. in a hiring bias lawsuit by the EEOC, but awarded nearly $20,000 to Darden for the retrieval of text messages for the agency that proved to be a futile exercise. 

  • March 6, 2017

    Meras Seeks New Trial For ‘Excessive’ $12.5M Patent Award

    Meras Engineering urged a California federal judge Monday to toss a jury’s $12.5 million verdict against it and a large-scale greenhouse tomato grower for infringing a rival water treatment company’s patent, arguing the award was excessive and not reflective of the invention’s market value.

  • March 6, 2017

    SoyNut Butter Co. Sees First Suit Over E. Coli Outbreak

    Parents of a boy who was hospitalized after eating I.M. Healthy soy nut butter contaminated with E. coli hit SoyNut Butter Co. on Monday with the first lawsuit in Illinois federal court over the outbreak, which so far has afflicted 12 people in five states.

  • March 6, 2017

    Chipotle Loses 8th Circ. Appeal Over Pay Protest Firing

    The Eighth Circuit on Monday rejected Chipotle’s appeal of a National Labor Relations Board ruling that it illegally fired a St. Louis-area employee who participated in protests to raise the minimum wage to $15 per hour, saying the fast-food chain didn’t properly raise key objections when the case was before the labor board. 

  • March 6, 2017

    Commercial Fishers' Suit Tossed Back To Federal Agency

    A D.C. federal judge on Friday sent an amended National Marine Fisheries Service rule that increased red snapper fishing quotas in the Gulf of Mexico for recreational fishermen back to the agency for further review, saying the commercial fishermen challenging the guideline didn’t get a fair bargain.

  • March 6, 2017

    Kraft Wins 'Natural' Cheese Suit Stay Pending FDA Guidance

    A Puerto Rico federal judge has put a hold on a false labeling suit over artificially colored cheese brought against Kraft Foods Group Inc., saying she is pausing the case until the U.S. Food and Drug Administration provides guidance on the use of the term "natural" on food products.

Expert Analysis

  • Roust’s Rapid Road To Chapter 11 Confirmation

    Fredric Sosnick

    The confirmation of Roust Corp.'s prepackaged reorganization plan by the Southern District of New York bankruptcy court less than a week after the company's bankruptcy filing suggests that under appropriate circumstances, the notice period for confirmation of a prepackaged Chapter 11 case could start to run even before the case is commenced, say attorneys with Shearman & Sterling LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Sue-per Bowl Shuffle: The Year In NFL IP Litigation — Part 1

    David Kluft

    I always worry about what will happen if someone at a Super Bowl party asks me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits IP lawyers are supposed to know about. This article is my solution — a summary of gridiron IP disputes since the last Super Bowl, says David Kluft of Foley Hoag LLP.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.

  • TC Heartland And The New Old Venue Rule

    John F. Murphy

    If the U.S. Supreme Court agrees with the petitioner in TC Heartland v. Kraft, for the first time in 26 years plaintiffs bringing patent infringement suits will often have to show that defendants have a “regular and established place of business” in the judicial district. It’s time to blow the dust off the old cases and figure out just what is a “place of business” and what makes it “regular and established,” says John Murphy of BakerHostetler.

  • An Update On Merger Filings In China

    Wei Huang

    In 2016, the law enforcement activities of China's Anti-Monopoly Bureau remained highly active — a record 378 transactions were filed, 360 transactions were placed on file, and 395 cases were closed. The agency's merger review has grown more efficient, say attorneys with Tian Yuan Law Firm.

  • The State Of The Litigation Finance Industry In 2017

    Christopher P. Bogart

    In the United States, the number of lawyers whose firms have used litigation finance has quadrupled since 2013. Even so, too many remain poorly informed, leaving them at a competitive disadvantage and prone to oddly persistent “alternative facts” about litigation finance, says Christopher Bogart, CEO of Burford Capital.

  • 6 Ways To Get More From A Limited Budget For Trial Graphics

    Marti-Martin-Robinson.jpg

    With so many possibilities and variables, it can be difficult to adhere to a strict graphics budget when preparing effective visuals for trial. There are several things you can do to limit the cost of your visuals without sacrificing quality, says Marti Martin Robinson of Litigation Insights Inc.

  • Federal Whistleblower Protections May Face Greatest Test Yet

    Debra S. Katz

    In its first days, the Trump administration has ordered media and social media blackouts at several federal agencies. This moment provides an important opportunity for federal employees, along with members of the legal profession, media and general public, to become better acquainted with federal employee whistleblower protections, say Debra Katz and Aaron Blacksberg at Katz Marshall & Banks LLP.

  • What 2016 Taught Us About Marketing And Advertising Law

    Charulata B. Pagar

    2016 was a busy year for litigation and regulation in the areas of marketing and advertising, impacting a wide variety of industries. Charulata Pagar of VLP Law Group LLP reviews some of the important highlights from the past year and discusses what to expect in 2017.