Food & Beverage

  • April 05, 2024

    Wow Bao Says Customer Can't Prove Kiosk Data Collection

    Asian fast-food chain Wow Bao has urged an Illinois state court judge to grant it summary judgment in a biometric privacy suit targeting the company's self-serve kiosks, arguing it cannot be held liable for collecting or possessing data it never in fact had.

  • April 05, 2024

    Texas Justices Reinstate Defense Verdict In Store Fall Suit

    The Texas Supreme Court on Friday reversed a lower appellate court's decision to reinstate a slip-and-fall suit against an Albertsons LLC grocery store, saying that although certain instructions may have been erroneously given to the jury, the effect was harmless and not unfair.

  • April 05, 2024

    Jolie Seeks Abuse Evidence, Pitt Rips 'Pure Pretext' Defense

    Actress Angelina Jolie has asked a California state judge to force her estranged husband, Brad Pitt, to produce evidence of his alleged "history of physical abuse" in litigation over her sale of their French vineyard, while Pitt has filed his own evidentiary motion arguing Jolie's defense argument is "pure pretext."

  • April 05, 2024

    Neb. Beef Seller Says No Proof It Joined Wage-Fixing Scheme

    A Colorado federal judge gave a Nebraska beef wholesaler another chance to petition for dismissal from a class action accusing it of participating in a meat industry wage-fixing scheme, after the company filed a motion that didn't follow the court's page limit.

  • April 05, 2024

    Judge Lourie's Dissent Revives Debate Over FDA Safe Harbor

    U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.

  • April 05, 2024

    Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'

    Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.

  • April 05, 2024

    Beverage Giant Sued Under Illinois Genetic Privacy Law

    Reyes Holdings, the largest beer distributor in the United States, has been sued in Illinois state court by a proposed class of job applicants who claim their genetic privacy rights were violated when they were required to submit to physical exams and inquiries about their family medical history as a condition of employment at the beverage distributor or its subsidiaries.

  • April 05, 2024

    Food Co. Shells Out $1.5M To End 401(k) Mismanagement Suit

    A California food manufacturer will pay $1.5 million to end a proposed class action alleging it loaded a $323 million employee 401(k) plan with excessive fees and costly, underperforming investment options, according to settlement details unveiled in federal court Friday.

  • April 05, 2024

    Off The Bench: ACC Drama, Football Firing Suits Intensify

    In this week's Off The Bench, Florida State University cannot escape an ACC lawsuit that may enforce a nine-figure penalty against the school if it should leave the conference, while both Northwestern University and the Arizona Cardinals face more legal headaches over their decisions to fire key personnel.

  • April 04, 2024

    Fla. Judge Won't Dismiss Suit Claiming Restaurant EB-5 Fraud

    A Florida state judge on Thursday declined to dismiss a lawsuit accusing a Miami restaurant group of mismanaging immigrant investors' funds, finding that the investors had successfully alleged fraud against the former manager of the investment company.

  • April 04, 2024

    Arby's, Sonic, Dunkin Settle Mystery Shopper IP Claims

    A Texas federal judge has stayed all deadlines in Fall Line Patents LLC's suit that accuses Arby's Restaurant Group Inc., Sonic Franchising LLC and Dunkin Brands Inc. of infringing its mystery shopper patent with their respective mobile applications, after the parties filed a joint bid saying they have settled their claims in principle.

  • April 04, 2024

    Domino's Franchise Shorted Mileage, Pa. Delivery Driver Says

    The owners of a group of Domino's Pizza franchises have been hit with a putative collective action in Pennsylvania federal court from an ex-delivery driver claiming drivers at their stores are paid less than minimum wage because of their "flawed" policy of reimbursing mileage expenses.

  • April 04, 2024

    8 Bronx Men Charged In Brazen 'Wild West' Beer Train Heists

    Eight men are charged with looting thousands of dollars' worth of beer from railyards and distribution sites throughout the Northeast in what prosecutors described as a "Wild West"-like crime spree over a two-year period in which the suspected ringleader is believed to have scouted members on Instagram touting promises of making "100k+ in a month."

  • April 04, 2024

    Judge Axes Experts In Chiquita MDL, With More On The Way

    A Florida federal judge presiding over a long-running multidistrict litigation against Chiquita Brands rejected expert witnesses offered by both Chiquita and plaintiffs who accuse the banana grower of financially supporting a defunct Colombian paramilitary group that allegedly killed their relatives.

  • April 04, 2024

    Wash. AG Defends Authority To Block Kroger-Albertsons Deal

    The Washington Attorney General's Office has told a state court that a local consumer protection law allows it to bring actions challenging anti-competitive mergers and urged the court to reject contentions from Kroger and Albertsons that the state lacks authority to block a nationwide deal.

  • April 04, 2024

    Great Lakes Fishing Pact Tramples Treaty Rights, Tribe Says

    The Sault Ste. Marie Tribe of Chippewa Indians is asking the Sixth Circuit to undo a Great Lakes fishing decree between it and four other tribes and the state of Michigan, arguing the decree was entered without its consent and imposes upon its treaty rights.

  • April 03, 2024

    China, Australia Make Deal To End Wine Duty Spat

    Australia has dropped its World Trade Organization case against China after Beijing agreed to end hefty tariffs on wine imports from Down Under, a notice circulated to the WTO's Dispute Settlement Body confirmed Wednesday.

  • April 03, 2024

    Insurer Says Rail Co. Must Pay In $400K Spoiled Chicken Suit

    Over $400,000 worth of frozen chicken thighs rotted on the move to Oregon, and an insurer who covered the putrid loss told a South Carolina federal court that the rail company responsible should pay for the screw-up.

  • April 03, 2024

    Anheuser-Busch 'Choking Off' Beer Supply, Distributor Says

    A New York beer distributor accused Anheuser-Busch InBev of slowly cutting off its supply using force that could only be exerted by such a "corporate behemoth," according to a suit filed in Manhattan federal court.

  • April 03, 2024

    Beekeeper Groups Seek Fees From EPA After 9th Circ. Appeal

    Attorneys for beekeeper groups in an appeal over a U.S. Environmental Protection Agency decision on insecticides have asked the Ninth Circuit to award nearly $750,000 in legal fees after a ruling that hammered the EPA but left the agency's decision intact.

  • April 03, 2024

    Chiquita Says $6.9M Win Being Held Up By Banana Exporter

    Chiquita Brands told a Florida federal court that an Ecuadorian banana exporter deserves to be fined for skirting court orders requiring the exporter to hand over financial information needed to execute a $6.9 million international arbitral award to Chiquita.

  • April 03, 2024

    1-800-Flowers Seeks $4.3M In Fees After Rival's IP Suit Failed

    After dispatching a trademark infringement lawsuit from Edible Arrangements last month, rival retailer 1-800-Flowers.com told a Georgia federal judge on Tuesday it should be entitled to up to $4.3 million attorney fees for being forced to defend against the "anemic" and "oppressive" litigation.

  • April 03, 2024

    Blue Bell Creameries Panel Seeks Del. Derivative Suit Revival

    Citing a failure to reach a mediated settlement, a Blue Bell Creameries Inc. board panel has moved to reactivate a long-sidelined Delaware Court of Chancery derivative suit seeking to hold the ice cream company's past directors and officers accountable for deadly food-safety oversight failures in 2015.

  • April 02, 2024

    Amazon Driver Took, Shared Pics of Actor's Home, Suit Says

    Actor Deon Cole sued Amazon in California state court alleging that one of its delivery drivers took photos of the inside of his home and shared them in a group chat while dropping off groceries, saying Amazon negligently and recklessly hired the driver.

  • April 02, 2024

    Black Farmers Say USDA Biased Against Minority Borrowers

    The U.S. Department of Agriculture has continued its practice of discriminating against farmers of color by disproportionately denying or slow-walking loans and imposing unfair terms based on applicants' race, according to a proposed class action filed in Washington, D.C., federal court.

Expert Analysis

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Navigating Class Actions After Papa John's Settlement Denial

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    A Kentucky federal court's surprising denial of preliminary approval for a $5 million settlement in the Papa John's no-poach case may prove to be an outlier but suggests a class action settlement would only be approved when a plaintiff demonstrates that a litigation class would be certified, say attorneys at Robins Kaplan.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Food And Beverage Policy Trends Cos. Should Track In 2024

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    The list of legal issues food and beverage companies should watch out for in 2024 include the U.S. Food and Drug Administration’s Human Foods Program, the Food Safety and Inspection Service’s salmonella proposal, Proposition 12 and more, say Bob Hibbert and Amaru Sánchez at Wiley.

  • Compliance Refresher Amid DOL Child Labor Crackdown

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    In light of the Labor Department’s recent announcement of new penalty assessment procedures for child labor law violations, Erica MacDonald and Sylvia Bokyung St. Clair at Faegre Drinker discuss what employers should know about the department’s continued focus on this issue and how to bolster compliance efforts.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Considerations for In-House Counsel Before Testing For PFAS

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    In 2024, federal and state agencies are expected to introduce a plethora of new rules regulating per- and polyfluoroalkyl substances, with private litigation sure to follow — but in-house counsel should first weigh the risks and benefits before companies proactively investigate their historical PFAS use, say attorneys at Stinson.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Trends Shaping The 2024 Consumer Packaged Goods Industry

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    The better-for-you segment within the consumer packaged goods industry is poised for a significant evolution in 2024, and industry players must remain agile and adaptive through M&A activities, legal considerations, sustainability initiatives and changing technology, says Christopher Cain at Foley & Lardner.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

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