Food & Beverage

April 22, 2025
Tivity Health Denied Win In Suit Over Nutrisystem Buy

Health program company Tivity Health was largely denied a summary judgment win over investors who sued the company over its troubled $1.3 billion purchase of Nutrisystem, according to an order from a Tennessee federal judge who ruled Tivity's duty to disclose certain information is still debatable.
April 22, 2025
Dunkin' Unit Beats Disability Bias Suit Over Nondairy Milk Fees

A California federal judge dismissed a lawsuit from lactose-intolerant customers accusing a Dunkin' Donuts unit and its franchisees of disability discrimination for charging extra for nondairy milk, ruling Monday that because the surcharge applied to all customers it didn't violate the Americans with Disabilities Act or a state law against discrimination.
April 22, 2025
MoFo Adds Perkins Coie FDA Regulatory Leader In DC

Morrison Foerster LLP has hired a former Perkins Coie LLP leader who focuses his practice on a range of regulatory matters involving the U.S. Food and Drug Administration as its new head of food and regulatory, the firm announced Tuesday.
April 22, 2025
Save Mart Reaches $20.5M Deal On Nonunion Retiree Benefits

California-based Save Mart Supermarkets will pay about $20.5 million to escape a suit from workers who alleged the company unlawfully revoked a monthly health reimbursement that it promised to nonunion retirees and their spouses for life, according to a proposed deal filed in federal court.
April 22, 2025
Dunkin' Manager Says He Was Asked His Age, Then Fired

A former district manager for the nation's largest Dunkin' independent franchise operator said he was fired two weeks after getting out of the hospital for a chronic medical condition, and just hours after his supervisor asked him his age.
April 21, 2025
7th Circ. Gives Costco Slip-And-Fall Suit A Second Life

The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.
April 21, 2025
Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule

Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.
April 21, 2025
FTC Accuses Uber Of Deceptive Subscription Practices

The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.
April 21, 2025
Pot Company Once Allied With Influencer Wants Rehearing

A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.
April 21, 2025
Neogen Selling Cleaners Biz To Kersia For $130M

Neogen Corp. said Monday it will sell its global cleaners and disinfectants business to Kersia Group for $130 million in cash, plus additional contingent consideration based on future performance.
April 21, 2025
Conn. Utility Says Regulators Must Hear PFAS Class Case

Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.
April 21, 2025
Eateries Owner Gets 3 Years For Tax, COVID Fraud

A restaurant owner who committed tax crimes and illegally collected more than $1.7 million in pandemic relief money was sentenced to more than three years in prison by a California federal judge, a fraction of the sentence urged by prosecutors who pointed to millions in cash hidden in his bedroom.
April 18, 2025
Nitrous Companies Decline Liability For Misused Products

The companies behind nitrous oxide brand Galaxy Gas urged a Florida federal court to end a proposed class action filed by the family of a woman who died while inhaling their product, arguing that they can't be held liable for "reckless and illegal misuse" of their canisters.
April 18, 2025
DOJ Accuses Uniform Supplier Of Dodging Customs Duties

The U.S. Department of Justice has slapped a fast food uniform supplier and its Chinese-based manufacturers with a complaint in California federal court, alleging they conspired to underpay customs duties owed on apparel imported from China.
April 18, 2025
FTC's Southern Glazer's Pricing Case Preserved

A California federal judge refused to toss the Federal Trade Commission's price discrimination lawsuit against Southern Glazer's Wine and Spirits LLC, concluding the alcohol distribution giant moves liquor around enough to trigger interstate commerce and that the FTC has adequately alleged unfair treatment of mom-and-pop stores relative to big box retailers.
April 18, 2025
Ga. Woman Seeks Lower Sentence In $156M FEMA Fraud Case

A Georgia woman charged with taking $155 million in payments from the Federal Emergency Management Agency by fraudulently claiming she could supply self-heating meals to Puerto Rico in the wake of Hurricane Maria urged a federal court Thursday to sentence her to no more than 120 months in prison.
April 18, 2025
Judge Sides With Wash. In NY Distillery's Sales Reg Challenge

A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.
April 18, 2025
Whole Foods Strikes Deal In Sweeping 401(k) Fee Suit

Whole Foods reached an agreement to end a class action alleging its failure to keep its 401(k) plan's administrative fees in check cost a class of roughly 97,000 workers millions of dollars in retirement savings, the Amazon-owned grocer told a Texas federal court.
April 18, 2025
Union Hits Kroger Chain With Counterclaim In Strike Suit

The Kroger-owned grocery chain King Soopers violated a poststrike agreement with a United Food & Commercial Workers local by pressuring the union to agree to a collective bargaining agreement by an arbitrary deadline, the union alleged in a counterclaim in the company's strike lawsuit against it in Colorado federal court.
April 18, 2025
Fla.'s Take On Order Over Migrant Law 'Astounded' Judge

A Florida federal judge was incredulous Friday at the state's argument that her temporary restraining order blocking enforcement of a law criminalizing the entry of unauthorized migrants did not extend to law enforcement officers because they were not parties to the lawsuit challenging the statute.
April 17, 2025
Weight Watchers Fakes Limited-Time Sales, Suit Says

Two California women on Wednesday hauled Weight Watchers into California federal court, alleging in a putative class action that the diet program company made up fake sales with fake limited-time offer periods to induce consumers into signing up for multimonth memberships.
April 17, 2025
DC Circ. Says Lateness Doomed Starbucks' NLRB Challenge

The National Labor Relations Board was not obligated to accommodate Starbucks after its attorney filed a challenge to a board judge's ruling 23 minutes late, the D.C. Circuit ruled Thursday, holding that the board did not abuse its discretion by refusing to process the challenge.
April 17, 2025
Nestle Can't Nix Diabetics' Boost Glucose False Ad Suit

A California federal judge said Thursday she won't toss a proposed consumer class action alleging that Nestle falsely markets its Boost Glucose Control drinks as suitable for preventing and treating diabetes, but said she might boot one plaintiff who continued buying the product for two years after the complaint was filed.
April 17, 2025
Ibotta Misrepresented Kroger Deal, Shareholder Suit Alleges

Digital consumer discount company Ibotta Inc. was hit with a proposed shareholder class action claiming its registration statement for its April 2024 initial public offering omitted information regarding the nature of its relationship with grocery retailer The Kroger Co., prompting stocks to plummet when investors learned the relationship had ended.
April 17, 2025
ITC Blocks Chinese Co.'s Plastics Tech Over Patent Dispute

The U.S. International Trade Commission issued a limited order barring a Chinese company from importing parts used in molding machines that make plastic bottles, following an infringement case from a Canadian rival — though the trade agency split in its decision not to issue a cease-and-desist order targeting imported parts that already made it into the U.S.

Expert Analysis

Series

Coaching Little League Makes Me A Better Lawyer

While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
7 Employment Contracts Issues Facing DOL Scrutiny

A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
5 Litigation Funding Trends To Note In 2025

Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
The Fed. Circ. In 2024: 5 Major Rulings To Know

In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
Rethinking Litigation Risk And What It Really Means To Win

Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
How DOGE's Bite Can Live Up To Its Bark

All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
Series

Playing Rugby Makes Me A Better Lawyer

My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
Looking Back At 2024's Noteworthy State AG Litigation

State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
Opinion

No, Litigation Funders Are Not 'Fleeing' The District Of Del.

A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
5 Advertising Law Trends To Watch In 2025

Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
5 E-Discovery Predictions For 2025 And Beyond

In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
NY Plastic Pollution Verdict May Not Bode Well For Other Suits

The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
2024 Was A Banner Year For Shareholder Activism

Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
7 Ways 2nd Trump Administration May Affect Partner Hiring

President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
How Trump 2.0 May Change Business In Latin America

Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.