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Food & Beverage
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April 30, 2025
VSL Probiotic Buyers Win Class Cert. In RICO Case
A Maryland federal judge has certified 10 classes of customers who bought a knockoff version of a proprietary probiotic formula developed by a professor to treat gastrointestinal ailments, saying in an order unsealed Wednesday the customers all suffered the same alleged injury from buying a product that wasn't the one they expected.
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April 30, 2025
Heir Urges 11th Circ. To Revive Beef Over Boar's Head Shares
The grandson of a Boar's Head Provision Company founder urged the Eleventh Circuit on Wednesday to reverse a ruling that barred his counterclaim challenging transfers of shares to a relative, saying the lower court still needed to determine whether the transaction complied with restrictions.
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April 30, 2025
Colo. Chicken Co. On Hook For $3M Supply Chain Settlement
A Washington federal judge has ordered a Colorado-based poultry processor to reimburse a grocery distributor's $3 million settlement with an ex-Trader Joe's vendor that sued over a bony batch of meat, adding to more than $13.5 million the chicken producer owes following a December trial.
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April 30, 2025
SuperValu Fights New Trial Bid In Whistleblower Drug Case
SuperValu urged an Illinois federal judge Tuesday not to overturn its defense win on whistleblower claims of systematic prescription overbilling, saying the whistleblowers are now making "kitchen sink arguments" with little basis.
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April 30, 2025
Joe Rogan-Backed 'Alpha Brain' False Ad Suit Dropped In NY
A consumer is asking a New York federal judge to dismiss his proposed class action accusing Onnit Labs Inc. of falsely advertising its "Alpha Brain" cognitive supplement, which were previously promoted by podcaster Joe Rogan, as clinically proven to boost memory.
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April 30, 2025
Anheuser-Busch Must Face Trial In $90M SpikedSeltzer Case
Anheuser-Busch must face a jury in a multimillion-dollar contract claim surrounding its 2016 buyout of a hard seltzer product line from its inventors and their investors, a Connecticut trial court judge ruled Wednesday, partially declining the beverage giant's bid for a quick win.
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April 30, 2025
Agri Stats Gets Say In DOJ's Poultry Worker Wage-Fixing Case
A Maryland federal court allowed Agri Stats Inc. to intervene Wednesday in the U.S. Department of Justice's case accusing Wayne-Sanderson Farms and George's Inc. of suppressing wages, after the government said the poultry companies need to stop using the agricultural data firm.
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April 30, 2025
Steakhouse Fired Ga. Worker For Reporting Bias, Suit Says
The Brazilian steakhouse chain Fogo De Chão has been sued in Georgia federal court by a former employee who said she was fired after complaining about discrimination she and other Black workers experienced at the chain's Dunwoody, Georgia, location.
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April 30, 2025
Monthly Merger Review Snapshot
Enforcers opened high stakes court proceedings against Meta Platforms and Google for monopolization claims that could force the tech giants to sell pieces of the companies, while also moving ahead with several challenges and reviews of pending deals in other industries. Here, Law360 looks at the major merger review developments from April.
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April 30, 2025
Fired Whataburger Worker's Bias Case Sent To Arbitration
A Georgia federal judge said Wednesday a Black and gay ex-Whataburger employee should have to arbitrate his claims that he endured racial and homophobic slurs on the job before being fired, saying he signed a valid agreement to handle employment-related disputes out of court.
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April 30, 2025
6th Circ. Skeptical Of Chili's 'Culture' Rationale For Firing
The Sixth Circuit appeared inclined Wednesday to revive an age discrimination case by a former Chili's restaurant manager, indicating that the restaurant's definition of "culture" — the reason given for his firing — has been hard to pin down.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
Philly Judge Under Fire For Promoting Wife's Cheesesteak Biz
Pennsylvania's judicial ethics board has accused a Philadelphia judge of using his position on the bench to promote a cheesesteak restaurant opened by his wife and named in honor of his late parents.
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April 30, 2025
Wine Tasting Death Suit Revived After Judge Rethinks Order
The estate of a woman killed in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked can pursue claims against a server and his employer, who were originally brought into the case as apportionment defendants, a state court judge has ruled after rethinking a prior decision.
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April 30, 2025
IHOP Franchisee Dodges Most Of Fired Server's Bias Suit
A North Carolina federal judge let an IHOP franchisee escape the bulk of a fired waitress's suit claiming she was propositioned for sex by a male manager and fired for complaining about it, ruling she had failed to put forward any corroboration about the alleged harassment to keep her claims in court.
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April 30, 2025
Unaccepted Offer Can't End Server's Tip Credit Suit
A Texas federal court ruled that it still had jurisdiction over a server's proposed collective action accusing a Houston-area restaurant of violating tip credit requirements, saying the worker has not accepted a $1,000 offer to end her case.
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April 29, 2025
FTC Defends John Deere Right-To-Repair Suit
Farm machinery-maker Deere & Co. is trying to get out of an FTC enforcement action using the same arguments that didn't help it escape multidistrict litigation accusing the company of breaking antitrust laws by restricting access to repair services, the government says.
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April 29, 2025
Sports Illustrated Owner Ends TM Row With Former Publisher
Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court.
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April 29, 2025
Pork Producers Want Ruling Tossed Over Clerk's Conduct
Pork producers and Agri Stats Inc., which are defending themselves against a major price-fixing suit, are calling on the Minnesota federal judge overseeing the case to recuse himself and vacate his recent rulings, accusing one of his clerks of having inappropriate relationships with plaintiffs' attorneys in a new filing this week.
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
DoorDash, Grubhub Settle Fee Cap Fight With NYC
DoorDash, Grubhub and Uber Eats have reached a settlement in a case accusing New York City officials of passing legislation that unconstitutionally capped fees the delivery apps could charge restaurants, prompting a federal judge to sign off on a joint stipulation and order Monday that stayed the matter pending final resolution.
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April 29, 2025
Ex-Pot Water CEOs Denied Bid For More Info In Stock Case
An Ohio federal judge on Tuesday denied bids by former CEOs of and others associated with American Premium Water Corp. for bills of particulars on an indictment alleging they manipulated the company's stock prices, finding the indictment gives them enough information to prepare their defenses.
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April 29, 2025
Judge Blocks Fla. Migrant Law, Wants Briefs On TRO Violation
A Florida federal judge on Tuesday issued a preliminary injunction blocking enforcement of a state law criminalizing the entry of unauthorized migrants and set a show cause hearing on whether the attorney general should be held in contempt for possibly violating the judge's temporary restraining order against the law.
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April 29, 2025
Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes
Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.
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April 29, 2025
Drinkers Not Vexed By Brand In 'Sea Of Tequilas,' 5th Circ. Told
A Fifth Circuit panel seemed hesitant to accept a U.S. tequila startup's argument that it was selling its product in a "sea of tequilas" that all have similar marks, questioning Tuesday whether its branding had enough similarities to an older Mexican brand called "Clase Azul" to confuse consumers.
Expert Analysis
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Surprise NC COVID Ruling Revises Reasonable Expectations
The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Product Safety Issues In 2024 Highlight Need For Vigilance
A look at some of the medications and foods that led to significant class actions last year demonstrates the need for robust regulatory systems and proactive measures to protect consumers from defective and harmful products, says Jennifer Taylor at the Law Offices of James Scott Farrin.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.