Food & Beverage

  • March 3, 2017

    Brand Battles: Warner Bros. Rips 'Golden Ticket' Beer

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. says a "Golden Ticket" beer is an unauthorized reference to "Willy Wonka," the Chicago Cubs attack a bank's acronym, and the organizers of Coachella take aim at a look-alike mark.

  • March 2, 2017

    9th Circ. Stays ConAgra Label Row For High Court Review

    The Ninth Circuit on Thursday agreed to hold off on making official its January decision upholding the certification of a class that claims ConAgra’s “100 percent natural” label on its cooking oil product was deceptive, in light of the company’s request for a U.S. Supreme Court review.

  • March 2, 2017

    FreshDirect Faces $900K Suit Over Sculpture Damage

    A New York City art gallery slapped grocery delivery service FreshDirect LLC with a state court lawsuit claiming one of its drivers did nearly $1 million worth of damage to a sculpture while dropping off food in June.

  • March 2, 2017

    Monster Energy Renews Push To Arbitrate Distributor Row

    Monster Energy Co. asked a California federal judge on Thursday to compel its distributor in French Guiana to arbitrate their dispute in the state, following a default judgment against the distributor and its alleged refusal to honor an arbitration agreement.

  • March 2, 2017

    SuperAmerica's $3.5M TCPA Deal Gets Initial OK

    A Minnesota federal judge on Wednesday gave her initial blessing to an up to $3.5 million deal resolving a suit alleging that convenience store chain SuperAmerica violated the Telephone Consumer Protection Act by sending unsolicited texts, conditionally certifying the class in the process.

  • March 2, 2017

    9th Circ. Not Hooked By Wash. Bid To Rehear Salmon Row

    Washington’s request that the Ninth Circuit reconsider its decision ordering the state to replace roughly 1,000 culverts to protect tribal salmon fishing rights didn’t fare well Thursday, with the judges amending their opinion merely to reject arguments the motion raised, including claims that the federal government should help cover replacement costs.

  • March 2, 2017

    Widow Jane Bourbon Buyer Claims Seller Refuses To Close

    A group that says it purchased the Widow Jane bourbon whiskey brand from aerospace engineer turned chocolatier Daniel Preston and his company Cacao Prieto LLC launched a lawsuit in the Delaware Chancery Court, unsealed Thursday, claiming the sellers are refusing to close the deal.

  • March 2, 2017

    Electrolux Broadens Its Food Biz With $108M Grindmaster Buy

    AB Electrolux, a Swedish home appliances maker, said Thursday it has acquired U.S. beverage-dispensing manufacturer Grindmaster-Cecilware Corp. for $108 million as it pursues growth plans in its food service business.

  • March 2, 2017

    Kraft Foods Lacks Taste In Attack On Counsel, Class Says

    A group of consumers on Wednesday rebuffed Kraft Foods Group Inc.'s recent attempt in California federal court to decertify their class accusing the company of falsely advertising artificially colored fat-free cheddar cheese as "natural," calling Kraft’s bid a baseless and "distasteful" attack on both their expert witness and their counsel.

  • March 2, 2017

    Bumble Bee Marketers Ignored Internal Warnings, Judge Told

    A former quality assurance specialist for Bumble Bee Foods LLC’s sister company submitted testimony Thursday in a bench trial on tuna buyers’ mislabeling claims that said he had warned Bumble Bee’s marketing department that it couldn't legally label its tuna an "excellent source" of omega-3 fatty acids, but the marketers did so anyway.

  • March 1, 2017

    9th Circ. Won't Up Fee Award To 'Greedy' Kraft Buyer Attys

    The Ninth Circuit on Wednesday affirmed a pair of deeply discounted fee requests for the lawyers representing consumers in a suit over Kraft’s “sensible” snack labeling, ruling the judge who cut the rates hadn’t abused his discretion when ruling on what he called a “greedy” request.

  • March 1, 2017

    8th Circ. Says Food Giants Can't Arbitrate Antitrust Row

    The Eighth Circuit affirmed a lower court ruling in favor of retail grocers accusing wholesalers SuperValu Inc. and C&S Wholesale Grocers Inc. of conspiring to hike prices, ruling Wednesday that the wholesalers cannot compel arbitration because they don’t have a close enough relationship to allow enforcement of the agreement.

  • March 1, 2017

    Hard Rock Leads Buyers Of Trump Taj Mahal From Icahn

    The former Trump Taj Mahal Casino Resort in Atlantic City has been sold to a group of investors led by Hard Rock International Inc., current owner and billionaire Carl Icahn said in a statement Wednesday through his Icahn Enterprises LP.

  • March 1, 2017

    Fed. Circ. Affirms $455M Award To Bayer In Dow Patent Case

    The Federal Circuit on Wednesday upheld a $455 million award to Bayer CropScience NV after an arbitration panel found that Dow Agrosciences LLC infringed its patents on weed control technology, finding that Dow failed to meet the high bar for overturning such an award.

  • March 1, 2017

    Defamation Suit Against Cold Stone Revived By Fla. Court

    A former Cold Stone Creamery Inc. franchisee’s defamation suit against the ice cream company for disparaging comments allegedly made after he appeared in a CNBC documentary was revived on Wednesday after a Florida appellate court found that those statements weren’t protected.

  • March 1, 2017

    Appeals Court Affirms $3.5M Award Over Outbreak Coverage

    A California appeals court has affirmed a $3.5 million jury award to National Fire Insurance in a coverage dispute over a deadly foodborne hepatitis A outbreak, saying Wednesday that the jury was within its rights to find that rival Great American was bound to help cover not just a vegetable supplier but also distribution giant Sysco, which paid out $50.5 million.

  • March 1, 2017

    Benihana Beats Server Suit Decrying Tip-Pooling Policy

    Japanese-style steakhouse and sushi chain Benihana Inc. dodged a proposed class action by a former server when a California federal judge said Tuesday the ex-worker failed to demonstrate how the company’s tip-pooling policy is actually an unlawful tip credit scheme.

  • March 1, 2017

    Decertified Costco Workers Lose Rehearing Bid At 9th Circ.

    Costco workers alleging the low-cost retailer failed to pay them for post-shift lockdown procedures lost their most recent bid to regain class status when a Ninth Circuit panel on Wednesday denied their petition for rehearing en banc.

  • March 1, 2017

    Organic Baby Food Co. Says Rival Similac Infringed Its Name

    California-based organic baby food maker Once Upon a Farm slapped Abbott Laboratories with a complaint Wednesday in California federal court claiming its trademarked name was ripped off and placed on the packaging of the health care giant’s own Similac baby formula.

  • March 1, 2017

    Workers Group Hits City Of Memphis With Free Speech Suit

    The city of Memphis was hit with a lawsuit in Tennessee federal court on Wednesday by a local fast food labor organization accusing the police department of conspiring to use widespread surveillance and intimidation to chill workers’ free speech rights in their fight for $15-an-hour wages for fast food workers.

Expert Analysis

  • Key Class Action Takeaways From Briseno V. ConAgra Foods

    Robert J. Herrington

    Unless reversed or modified, the Ninth Circuit's decision in Briseno v. ConAgra Foods means class action plaintiffs aren't required to establish an administratively feasible way to identify putative class members for class certification. But aside from that holding, the opinion addresses several other arguments often raised in class actions in ways that are mostly unhelpful for defendants, say attorneys at Greenberg Traurig LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Health Care Enforcement Review And 2017 Outlook: Part 1

    Joanne Hawana

    Over the past year, clear trends have emerged in the U.S. Food and Drug Administration’s enforcement activities. In part one of this four-part series, attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC examine key 2016 government policies, regulations and enforcement actions in this area, and the likely impact of these trends on enforcement in 2017.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • What Will DOL's Immigration Policy Look Like Under Puzder?

    Becki L. Young

    It is still unclear how much legal immigration policy will change in the new Trump administration. However, both President-elect Donald Trump and his nominee for secretary of the U.S. Department of Labor, Andrew Puzder, have worked in industries that rely heavily on foreign nationals and it is entirely possible that legal immigration will stay within historic norms, says Becki Young, co-founder of Hammond Young Immigration Law LLC.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Opposing Class Cert. At 9th Circ. Just Got Tougher

    Michelle Gillette

    By eliminating the ascertainability requirement to certify a class, the Ninth Circuit’s recent decision in Briseno v. ConAgra Foods followed in the footsteps of the Sixth, Seventh and Eighth Circuits, while disagreeing with the Third Circuit. However, it left the door open for opposition to certification in cases that pose more serious obstacles to reliably “ascertaining” class members, say attorneys at Crowell & Moring LLP.

  • Is Restaurant Menu Labeling On ACA Chopping Block?

    Michael A. Walsh

    The Affordable Care Act contains a number of provisions not ordinarily associated with health care, including nutrition labeling of menu items for chain restaurants and retail food establishments. With the Trump administration working to fulfill its repeal and replace campaign promise, Michael Walsh of Strasburger & Price LLP looks at the current status of the menu labeling rule, its viability and some of its untested challenges.

  • The Path Forward For Industrial Hemp In Indian Country

    Michael D. Reif

    Historically, the legality of growing industrial hemp has been complicated by the commodity's classification as a Schedule 1 drug. As the movement for national legalization marches on, tribes interested in growing hemp should take steps to ensure that they do not lose ground relative to non-Indian farmers, says Michael Reif of Robins Kaplan LLP.

  • Deciphering RJR Nabisco's 'Domestic Injury' Requirement

    Robert P. Reznick

    Since the U.S. Supreme Court's decision in RJR Nabisco v. European Union last year, courts have grappled with the ruling's articulation of the “domestic injury” requirement for private claims under the Racketeer Influenced and Corrupt Organizations Act, and their analyses and conclusions as to where an “injury” has occurred are all over the map, say attorneys at Orrick Herrington & Sutcliffe LLP.