Food & Beverage

  • September 25, 2026

    Domino Foods Fights Paul Weiss DQ Bid In Price-Fixing MDL

    Domino Foods is pushing back on an attempt to disqualify its counsel from Paul Weiss Rifkind Wharton & Garrison LLP in a sugar price-fixing multidistrict litigation, arguing Hershey, J.M. Smucker and other food makers filed the motion as a "strategic attempt to gain tactical advantage" at a critical point in the dispute.

  • September 25, 2026

    Waffle House Tobacco Fee Suit Stayed For Arbitration Bid

    A Georgia federal judge on Friday agreed to pause a former Waffle House server's challenge to a health plan fee for tobacco users until the court hashes out the company's motion to kick the dispute to arbitration.

  • September 25, 2026

    Colo. Benihana Operator Hit With Rest-Break Wage Suit

    A Benihana operator in Colorado denied workers required rest breaks and failed to pay them for time spent working through those breaks, according to a proposed class action filed in state court.

  • September 25, 2026

    US Blocks WTO Appellate Body Selection For 100th Time

    The U.S. prevented the World Trade Organization on Friday from beginning the process of selecting members to the appellate body designed to settle disputes over WTO decisions for the 100th time, continuing its six-year blockade of the body.

  • September 25, 2026

    US, China Agree To Trade Truce Extension, Greer Says

    U.S. and Chinese negotiators agreed to temporarily extend a trade truce and provide preferential tariff treatment for a subset of goods bought and sold between the two countries while discussions continue on a broader trade agreement between the world's two largest economies, the top U.S. trade official said Friday.

  • September 24, 2026

    Buzzkill For Big Sipz As BuzzBallz Gets Big Domain Row Win

    A California federal judge tossed Big Sipz maker Patco Brands' remaining counterclaims against rival BuzzBallz on Thursday, finding that its "Big Sipz" trademark was not distinctive when BuzzBallz acquired two related web domains and redirected visitors to its own site.

  • September 24, 2026

    Hain Investors Seek Final OK For $35M 'Channel-Stuffing' Deal

    Food and personal care company Hain Celestial and a class of investors have reached a $35 million deal to resolve channel-stuffing claims roughly a year after the Second Circuit revived the suit. 

  • September 24, 2026

    ITC Takes On Patents, Trade Secrets In Large Decision Drop

    The U.S. International Trade Commission issued a flood of decisions this week on investigations in which imports are being evaluated to see if they infringe patents or misappropriate secrets, including three cases where it will reconsider holdings from administrative law judges.

  • September 24, 2026

    Kellogg Seeks High Court Review Of 6th Circ. Pension Ruling

    The U.S. Supreme Court should resolve a circuit split on whether actuaries must use up-to-date life expectancies when converting pension benefits from one form to another, Kellogg argued, asking the justices to scrap the Sixth Circuit's answer to the Employee Retirement Income Security Act query.

  • September 24, 2026

    Wash. Winemaker's Spoilage Coverage Claim Capped At $40K

    A Washington winemaker cannot recover more than $40,000 in coverage for its loss of nearly 18,000 bottles of wine due to a faulty air conditioner, a federal court ruled, saying the winemaker's commercial property coverage limits recovery for spoilage caused by mechanical breakdown and temperature fluctuations.

  • September 24, 2026

    Walmart Pays $16M To End Expired Formula Sales Claims

    Walmart has agreed to pay $16 million to resolve claims that it sold expired infant formula and over-the-counter drug products to consumers after their expiration dates, the Sonoma County District Attorney's Office announced on Wednesday.

  • September 24, 2026

    Full 5th Circ. Tough On Aetna's Bid To Arbitrate Aramark Suit

    The Fifth Circuit seemed skeptical Thursday of Aetna's bid to force a health plan benefits dispute from food services giant Aramark into arbitration, with judges picking the insurer's arguments apart during an en banc rehearing.

  • September 24, 2026

    Ind. Tax Court Rules Nestle Facility Accurately Assessed

    A Nestle facility in Indiana was correctly assessed from 2018 through 2023 at roughly $50 million, the state tax court said, rejecting the company's claim that the state tax board failed to properly consider its own appraisal.

  • September 23, 2026

    Liquor Distributor's Insurer Fights Coverage Of Worker's Suit

    Employers Mutual Casualty Co. filed suit in Washington federal court Wednesday seeking an order declaring that the insurer has no duty to defend or indemnify policyholder American Northwest Distributors Inc. against an ex-worker's proposed wage-and-hour class action.

  • September 23, 2026

    Nestle Asks Justices To Review 'Sustainable' Cocoa Classes

    Nestle asked the U.S. Supreme Court to review a divided Ninth Circuit decision upholding class certification of millions of consumers who bought chocolate labeled "sustainably sourced" in a lawsuit claiming the chocolate is produced through child labor and deforestation.

  • September 23, 2026

    Publix Sued Over Woman's Death From Eating Blueberries

    A Florida man whose wife died after allegedly consuming contaminated frozen blueberries has sued Publix Super Markets Inc. and a food distributor, alleging the companies sold a dangerous food product that caused a fatal infection.

  • September 23, 2026

    Illinois Swipe-Fee Ban Also Blocked For Federal Credit Unions

    An Illinois federal judge expanded an order blocking the state from enforcing its landmark ban on tax-and-tip swipe fees against most banks, ruling that an injunction she granted earlier this year extends to federal credit unions in light of a new federal rule that authorizes them to collect interchange fees.

  • September 23, 2026

    Bush Bros. Says Rival Chili Co. Copies 'Chili Magic' TM

    Bush Brothers has filed a trademark infringement suit in Michigan federal court accusing competitor Magic Man Foods of copying Bush's "Chili Magic" mark and its distinctive trade dress by using a confusingly similar color scheme for similar canned chili bean products.

  • September 23, 2026

    Ex-NY County Top Official's 12-Year Sentence Cut To 10

    A New York federal judge sentenced former Long Island politician Edward Mangano to 10 years for corruption Wednesday, trimming a 12-year term she handed him after the Second Circuit tossed a jury's finding that he committed bribery.

  • September 23, 2026

    Walmart Can't Nix Worker's $300K Retaliation Trial Win

    A Washington federal judge declined Wednesday to scrap a $300,000 trial win for a former Walmart employee who claimed she was fired for reporting that her manager failed to shut down sexual harassment, calling the jury's verdict fair amid evidence of her boss' unfair treatment.

  • September 23, 2026

    Colo. Smoke Shop Chain To Pay $152K Over Kratom Potency

    The Colorado Attorney General's Office reached a $152,000 settlement with two smoke shop owners, ending claims their retail chain sold kratom products exceeding the state's legal potency limit and violated labeling rules.

  • September 23, 2026

    CORRECTION: Commerce Department Clarifies Common Alloy Sheet Orders

    The U.S. Department of Commerce has clarified that countervailing and antidumping duties shouldn't be imposed on aluminum can sheet stock imported from China and Bahrain, according to final results of a changed circumstances review published in a notice filed Wednesday.

  • September 23, 2026

    Gundlach Bundschu Winery Seeks Ch. 11 With $39M Debt

    Gundlach Bundschu Winery, which claims to be California's oldest continuously family-owned winery, filed for Chapter 11 bankruptcy relief Wednesday, as it seeks to restructure its more than $39 million in liabilities.

  • September 22, 2026

    'Yikes' Email Sinks BIPA Coverage For Donut, Transport Cos.

    An email stating "Yikes ... no" in response to outside counsel's inquiry regarding a commercial bakery's biometric data collection practices proves the business and a logistics company misrepresented material facts while seeking insurance that could have covered an underlying privacy dispute, an Illinois federal judge said Monday.

  • September 22, 2026

    Yardbird Can Tap $5.4M Ch. 11 Loan To Pursue Asset Sale

    Casual Southern dining chain Yardbird on Tuesday received a Delaware bankruptcy judge's interim approval to get a taste of its $5.4 million in Chapter 11 financing as the debtor prepares to run a sale process for its restaurant operations.

Expert Analysis

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Gatorade Suit Offers Lessons On Product Performance Claims

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    A proposed class action in New York federal court disputing PepsiCo's claim that Gatorade "hydrates better than water" presents a broad challenge to the way food and beverage companies communicate product benefits — and the risks that arise when marketing claims outpace the evidence supporting them, says Pejman Javaheri at Juris Law Group.

  • Opinion

    FTC's Clinical Trial Requirement Threatens Food Claim Rules

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    The Federal Trade Commission's general requirement for randomized controlled trials for most health-benefit claims, recently embraced by the National Advertising Review Board, lacks legal basis and endangers the existing statutory framework Congress created for marketing food and dietary supplements versus drugs, say attorneys at Keller & Heckman.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Why Ultra-Processed Foods May Be The Next Big Mass Tort

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    With multiple federal lawsuits filed already this year over the alleged harms caused by ultra-processed foods, and policymakers targeting UPFs for increasingly strict regulation, the sector exhibits the same structural characteristics identified historically in major mass torts, say Ruth Levy at Womble Bond and Elizabeth Epes at Financial Asset Recovery Analytics.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • AG Watch: Oregon's Strategic Civil Enforcement Approach

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    Oregon Attorney General Dan Rayfield’s recent antitrust litigation activity and proposed staffing increase are the latest in a series of structural and policy changes that signal that the state Department of Justice is taking a more aggressive approach to civil enforcement, says Keturah Taylor at Cozen O'Connor.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • How Federal PFAS Bill Would Expand Liability For Companies

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    Recently proposed federal legislation governing per- and polyfluoroalkyl substances would not only phase out nonessential uses of PFAS and prohibit detectable environmental releases, but would also expand liability in ways that will matter to companies with current or historical PFAS exposure, says Ayodeji Ayolola at Gordon Rees.

  • Reducing Youth Product Risks When No Standards Apply

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    As juvenile product manufacturers and retailers face heightened U.S. Consumer Product Safety Commission enforcement actions and attendant litigation risks, companies must not only comply with applicable standards, but also confront the problem of how to protect themselves when there are no standards to comply with, say attorneys at Chamberlain Hrdlicka.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

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