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Food & Beverage
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May 15, 2024
2nd Circ. Calls Starbucks' Union Discovery Order 'Overbroad'
The Second Circuit on Wednesday revived the National Labor Relations Board's suit seeking to halt Starbucks' alleged labor violations nationwide, finding that the lower court erred in tossing the suit for noncompliance with its "overbroad" discovery order granting the coffee chain's subpoenas seeking confidential union intel and workers' communications.
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May 15, 2024
Family, Cos. Seek $440M Zimbabwe Award Enforcement
Two forestry and sawmill companies plus a family have asked the D.C. Circuit to enforce approximately $440 million of arbitral awards they won against the Republic of Zimbabwe, saying the court "plainly" has jurisdiction under the arbitration exception contained in the Foreign Sovereign Immunities Act.
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May 15, 2024
Feds Urge Prison For Convicted Baby Formula Fraudster
Urging the judge to communicate the gravity of white collar crime, federal prosecutors in New York asked Wednesday that a Staten Island man get at least 2.25 years in prison after he pled guilty to forging baby formula prescriptions as part of a scheme to defraud insurers of $1.9 million.
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May 15, 2024
Feds, Pesticide Cos. Seek More Time To Find Mediator
The Federal Trade Commission and agricultural chemical companies Syngenta and Corteva are seeking extra time to select a mediator as they litigate claims that the manufacturers leverage loyalty programs to suppress competition from cheaper generic pesticides.
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May 15, 2024
Ollie's Can Make $14.6M Stalking-Horse Bid For 99 Cents Only
Discount retail chain 99 Cents Only received approval Wednesday from a Delaware bankruptcy judge for a $14.6 million stalking-horse bid for 11 of its properties in Texas from Ollie's Bargain Outlet Inc., another discount retailer.
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May 15, 2024
DoorDash Inks Deal To End NY AG's Conviction Bias Claims
DoorDash has reached a settlement with New York Attorney General Letitia James to resolve allegations that the food delivery platform regularly rejected applicants with criminal histories without considering factors such as the nature of the conviction and its bearing on the job sought, the law enforcement official's office announced Wednesday.
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May 15, 2024
Minn. Tax Court OKs Trim To Restaurant Property's Value
A Minnesota restaurant property should have its valuation lowered after the property owner provided a more reliable appraisal report, the state Tax Court ruled.
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May 15, 2024
Hemp Co. Settles Sales Dispute With Fla. Regulators
The Florida Department of Agriculture and Consumer Services has inked a deal with a hemp-product maker that accused the agency of overstepping its bounds and using stop-sale orders to block it from selling its hemp products outside the state.
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May 15, 2024
Winston & Strawn Adds Buchalter IP Atty As Trademarks Lead
Global firm Winston & Strawn LLP has hired a Buchalter PC attorney to bolster its intellectual property practice and lead its global trademark prosecution and counseling efforts.
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May 15, 2024
Grocery Chain Outfox Files Ch. 7 After Closing All Locations
The parent company of Foxtrot Market and Dom's Kitchen & Market filed for Chapter 7 in Delaware, less than a month after the grocery chain announced it would be closing its 35 stores in Illinois, Texas and the Washington, D.C., area.
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May 14, 2024
Effect Of New China Duties Hinges On Allies' Response
The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.
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May 14, 2024
Fighters Likely Killed Victims In Chiquita Case, Academic Says
A Colorado professor took the stand Tuesday in Chiquita's trial over accusations that it financed a right-wing Colombian paramilitary group that committed war crimes against civilians, testifying in Florida federal court that it was "extremely likely" the militants killed several men whose deaths family members blame on the banana company.
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May 14, 2024
Colo. Org Lacks Standing In Access Law Row, Judge Says
The Colorado Livestock Association doesn't have standing to challenge a state law that requires agricultural employers to give workers access to service providers, a state judge ruled, finding individual members of the group must take part in the proceeding.
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May 14, 2024
Wash. Biz Groups Say EPA Water Regs Impossible To Follow
Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."
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May 14, 2024
Insurer Wants Tainted Wine Coverage Suit Axed For Good
A Nationwide unit asked a California federal court to permanently toss a wine bottling company's suit seeking reimbursement for costs incurred in defending and settling an underlying suit claiming the bottler damaged nearly $1.2 million of wine, saying the company failed to allege facts that would trigger coverage.
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May 14, 2024
Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance
Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.
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May 14, 2024
Judge Cuts Customer's Walmart Seafood Sustainability Claims
An Illinois federal judge has cut several claims from a consumer's proposed class suit targeting allegedly deceptive sustainability representations Walmart makes about its seafood, but left the door open for her to amend her allegations before going forward.
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May 14, 2024
Mich. AG Says Eli Lilly 'Cherry-Picking' Enforcement Data
Michigan's attorney general has hit back against Eli Lilly's arguments that recent consumer protection law recoveries show her office is not being hampered in its investigations, as she seeks subpoenas in a probe of the pharmaceutical giant's pricing for an insulin drug.
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May 14, 2024
Calif. Grower Fights State's Farmworker Unionization Law
Wonderful Nurseries LLC is challenging a California state statute that simplified the process for farmworkers like the agricultural company's own to unionize, arguing in a new lawsuit that it's unconstitutional to allow a union to represent workers without a secret-ballot election as long as a majority sign union cards.
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May 14, 2024
Firms Escape Malpractice Suit Over Chicken Plant Pollution
Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA have escaped a malpractice suit filed in Delaware Superior Court by parents who hired the firms to pursue claims alleging contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child.
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May 14, 2024
Judge Nixes In-House Atty's $7.5M Suit Against Client's Estate
A Connecticut federal judge has determined the $7.5 million vexatious litigation claims a onetime in-house counsel filed against the estate of a former client were served weeks too late, ending a nearly seven-year-old case.
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May 14, 2024
$330M Romania Award Must Be Enforced, DC Circ. Says
The D.C. Circuit on Tuesday refused to overturn a ruling enforcing a $330 million arbitral award against Romania based on a pair of decisions issued by Europe's highest court, saying a federal district judge was obligated under U.S. law to enforce the award.
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May 13, 2024
Whirlpool Service Plans Don't Guarantee Repairs, Suit Says
Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.
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May 13, 2024
50 Cent, GC Accused Of Federal Wiretap Violations
A liquor business consultant has told a New York state court that Curtis "50 Cent" Jackson and the rapper's general counsel violated federal and New Jersey wiretap statutes, after the court dismissed an earlier counterclaim lodged under the Illinois Eavesdropping Act.
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May 13, 2024
Starbucks Sues La. Coffee Co. Over 'Nearly Identical' Logo
Starbucks Corp. has accused a Louisiana-based coffee company in New York federal court of infringing its logo trademark with a "nearly identical" logo.
Expert Analysis
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Opinion
Anti-DEI Complaints Filed With EEOC Carry No Legal Weight
Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.
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Back Labels In False Ad Cases Get Some Clarity In 9th Circ.
Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.
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Employers Beware Of NLRB Changes On Bad Faith Bargaining
Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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EU Ruling Exposes Sovereignty Fissures In Int'l Arbitration
The European Court of Justice's recent ruling that the U.K. had breached EU law by allowing an arbitral award to proceed underscores the diminished influence of EU jurisprudence in the U.K., hinting at the EU courts' increasingly nominal sway in international arbitration within jurisdictions that prize legal autonomy, says Josep Galvez at 4-5 Gray’s Inn.
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The Merger Cases That Will Matter At ABA Antitrust Meeting
While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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9th Circ. TM Ruling Expands Courts' Role In Application Cases
The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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California Shows A Viable Way Forward For PFAS Testing
The U.S. Food and Drug Administration has no good way of testing for the presence of specific per- and poly-fluoroalkyl substances in food packaging — but a widely available test for a range of fluorine compounds that's now being used in California may offer a good solution, says Vineet Dubey at Custodio & Dubey.