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March 07, 2024
Petition Watch: Student Athletes, Oil Spills & Preemption
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.
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March 07, 2024
Fed. Circ. Hears Law Was Misapplied To Levy Olive Duties
Three Spanish olive exporters pressed the Federal Circuit to undo countervailing tariffs the U.S. Department of Commerce calculated in 2021, saying Thursday that the department misapplied a trade law to presume they benefited from local government subsidies.
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March 07, 2024
IP Forecast: 2nd Circ. To Consider Whether Seltzer Is Beer
The Modelo brand will head to the Second Circuit next week to argue that a Manhattan jury erred when it found that Corona's flavored seltzer is just about the same as beer in light of a contract that the companies entered. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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March 07, 2024
Kroger, Albertsons Want Shoppers' Suit To Await FTC Case
Kroger and Albertsons told a California federal judge Thursday that the Federal Trade Commission's challenge to their $24.6 billion merger should take precedence over a private lawsuit they want paused while the FTC case plays out in Oregon federal court.
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March 07, 2024
Hy-Vee Beats Ex-Workers' 401(k) Fee Suit
An Iowa federal judge granted a win Thursday to Hy-Vee Inc. in a class action accusing it of failing to sufficiently lower its retirement plan's recordkeeping fees, saying the supermarket chain showed it did its due diligence to make sure it didn't run afoul of federal benefits law.
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March 07, 2024
Dog Owner, Co. Can't Drop Claim From Pet Food Labels Trial
A Washington federal judge won't let a dog owner and Champion Petfoods LP defer an unjust enrichment claim until after a trial scheduled to begin in April over allegations that the company misled consumers about the ingredients in its food.
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March 07, 2024
Judge Delays Final OK For Almond Grower's Ch. 11 Loan
A California bankruptcy judge Thursday pushed back final approval of $30 million in Chapter 11 financing for almond grower Trinitas Farming by at least another week, saying more time is needed to address his concerns with the loan agreement.
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March 07, 2024
FTC Slams 'Unprecedented' 7-Eleven Defense In Agency Suit
The Federal Trade Commission is calling 7-Eleven's theory that only the U.S. Department of Justice can seek civil penalties for violating commission orders "unprecedented," asking a D.C. federal judge to deny the company's motion to dismiss the commission's suit for allegedly violating a 2018 consent order.
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March 07, 2024
Chicken Buyers Bail On Remaining Claims Against Producers
A class of direct purchasers effectively threw in the towel Wednesday on continuing with class price-fixing claims against Perdue Farms, Claxton Poultry and others, cutting deals that abandon attempts to revive the allegations and allow the buyers to avoid up to $1 million in legal costs they might have owed the major chicken producers.
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March 07, 2024
Monsanto, Seattle Spar Over Guardrails For Possible PCB Trial
Monsanto Co. and Seattle are wrangling over evidentiary matters in the city's suit over PCB pollution in the Lower Duwamish Waterway, with each side asking a Washington federal judge to impose limits for a possible trial that's currently set for September.
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March 06, 2024
Pilgrim's Pride Escapes COVID-19 Death Suits, For Now
A Texas federal judge on Wednesday tossed without prejudice a suit seeking to hold Pilgrim's Pride Corp. liable for the COVID-19 deaths of an employee and the spouse of another worker, saying the plaintiffs failed to specify when the employees were allegedly exposed.
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March 06, 2024
Judge OKs McDonald's Atty-Client Privilege In Race Bias Fight
An Illinois magistrate judge on Tuesday mostly upheld McDonald's attorney-client privilege assertions over internal employee-investigation documents produced by outside counsel at Morgan Lewis & Bockius LLP in a contentious race bias lawsuit by former McDonald's executives against the fast-food giant, finding that McDonald's and the attorney haven't entirely waived privilege.
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March 06, 2024
Choice Can Confirm Award Over $61M In Franchisee Claims
Choice Hotels has been ordered to pay a roughly $780,000 arbitration award after dozens of South Asian franchisees earlier fought the hotel chain's bid to arbitrate their claims that a vendor kickback scheme cost them $61 million.
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March 06, 2024
Walmart Gets Chance To Escape $1.8M Injury Verdict
A New Jersey appellate panel on Wednesday vacated a finding of liability as part of a $1.8 million jury verdict in an injury suit against Walmart, saying erroneous jury instructions warranted a retrial on liability but not damages.
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March 06, 2024
La. Drivers Get OT Since They Never Left State, 5th Circ. Told
An attorney for three delivery drivers urged the Fifth Circuit on Wednesday to revive a lawsuit claiming their Louisiana employer stiffed them on overtime pay, arguing a Fair Labor Standards Act carveout doesn't apply because the men traveled within state lines.
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March 06, 2024
Judge May Sit In On Depos In Abbott Formula MDL
An Illinois federal judge overseeing multidistrict litigation in which Abbott Laboratories' Similac infant formula is alleged to have caused a deadly illness in premature babies said Wednesday she would hold off on appointing a special master following claims of improper deposition conduct, offering to tune in to depositions to help move things along.
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March 06, 2024
Texts Constituted Contract In $7.7M Fertilizer Fight, Judge Says
A Florida federal court ordered a global fertilizer seller to pay a Brazilian client $7.7 million, finding that the company breached an agreement that was partially negotiated over WhatsApp to sell 45,000 metric tons of ammonium sulfate.
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March 05, 2024
Poland Springs Sued Over Microplastics In 'Natural' Water
Poland Springs is being falsely marketed as "100% natural spring water," a description that isn't accurate thanks to the "dangerous levels of microplastics" found in the bottled water, according to a proposed class action filed Tuesday in New York federal court.
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March 05, 2024
5 Things To Know About CFPB's Cut To Credit Card Late Fees
The Consumer Financial Protection Bureau's new rule to cut credit card late fees has ignited a banking industry firestorm, with at least one trade group warning it will "imminently" sue. Here are five things to know as the fallout from the rule begins to take shape.
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March 05, 2024
Food Services Co. Beats Hospital Director's Fall Suit
Food services provider Compass Group USA can't be held liable for injuries a hospital executive suffered after slipping on a spill in the hospital's cafeteria, a New York federal judge ruled, saying "irrefutable video evidence" shows it was hospital employees, not Compass workers, who dropped the food.
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March 05, 2024
Coca-Cola Sued Again Over Topo Chico's Margarita Label
Buyers of The Coca-Cola Co.'s hard seltzer brand Topo Chico Margarita Hard Seltzer have alleged the company misled them into believing the drink contains tequila by labeling it "margarita," and listing "alcohol" and "agave syrup" as ingredients, according to a new putative class action.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Dam Removal Delay Would Harm Fish, Wash. Tribe Says
The Puyallup Tribe of Indians is urging a Washington federal judge to reject a hydroelectric company's bid to pause an order directing it to remove part of a temporary rock dam on the Puyallup River, saying any delay would harm protected salmon only to spare the company from its own self-inflicted problems.
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March 05, 2024
WTO Backs European Biofuel Curbs Over Malaysian Suit
The World Trade Organization rejected Malaysia's challenge to the European Union's phasing out of palm oil-based biofuels, ruling Tuesday that the bloc had reasonably limited when member states can count biofuel toward its renewable energy goals.
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March 05, 2024
Settlement Cools Off Conn. Pizza Chain's Trademark Fight
The parties in a long-running trademark dispute involving the Connecticut-based pizza chain Colony Grill, which twice was delivered to the Second Circuit, have permanently dropped their claims against each other in the wake of a recent settlement.
Expert Analysis
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Rethinking Mich. Slip-And-Fall Defense After Top Court Ruling
The Michigan Supreme Court recently overturned three decades of premises liability jurisprudence by ruling that the open and obvious danger defense is no longer part of a traditional duty analysis, posing the question of whether landowners will ever again win on a motion for summary dismissal, say John Stiglich and Meriam Choulagh at Wilson Elser.
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Cannabis Plain Packaging Rules: Examples And Opportunities
States that have legalized adult-use cannabis in recent years have adopted stringent requirements for product packaging and labeling in an effort to protect minors, and these rules may provide a vehicle for compromise between proponents and opponents of legalization, say attorneys at Troutman Pepper.
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How Cos. Can Comply With China's Cybersecurity Rules
The Chinese cybersecurity regulator’s recently imposed restrictions on Micron and newly effective enforcement procedures mark a new era of privacy regulation in the country, so multinational companies with operations there should ensure their compliance programs are updated accordingly, say Lorna Chen and Jieni Ji at Shearman.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Standing Issues Prevail In Wake Of Calif. Competition Ruling
Courts and litigants may grapple with uncertainty in the wake of the California Supreme Court's recent California Medical Association v. Aetna Health decision broadening standing to sue under the state's unfair competition law, and additional litigation will likely be required to develop its contours, say attorneys at Skadden.
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Cannabis Consumption Lounges Face Unique Liability Risks
As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.
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Hot OSHA Summer: Regulatory Activity In Full Swing
Recent actions by the Occupational Safety and Health Administration — including changes to its injury and illness reporting rule, its proposal to allow nonemployee union reps to accompany OSHA inspectors, and a hazard alert on extreme heat — show that the agency's regulatory and enforcement regime remains vigorous, says Heather MacDougall at Morgan Lewis.
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What Justices' Pork Ruling Means For Interstate Cannabis
The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.
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If Justices End Chevron Deference, Auer Could Be Next Target
If the U.S. Supreme Court decides next term to overrule its Chevron v. NRDC decision, it may open the door for a similar review of the Auer deference — the principle that a government agency can interpret, through application, ambiguous agency regulations, says Sohan Dasgupta at Taft Stettinius.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Data Breach Rulings Stress Duty For Protecting Worker Data
Two recent rulings from the Eleventh Circuit have restricted employers' ability to defend class action claims stemming from data breaches that target employees' personal information, highlighting the importance of cybersecurity measures that acknowledge a heightened obligation to protect workers’ data, say attorneys at Polsinelli.
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Fed. Circ. Grill Ruling Clears Up Original Patent Requirement
The Federal Circuit's recent decision rejecting a floating grill company's patent reissue request clarifies the original patent requirement and offers several cautionary lessons for legal practitioners, including the need to think critically and creatively about disclosure, says Alexis Cohen at WilmerHale.
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Complex Hemp Processes Need Nimble Regulatory Approach
Since the 2018 Farm Bill legalized hemp and certain hemp-derived products, THC limits have presented different issues at each stage of the complex production process, revealing the need for continued adjustments and flexible regulations as Congress deliberates the 2023 Farm Bill, says David Kouba at Arnold & Porter.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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Why Privacy And Trade Secret Law Are On A Collision Course
The conflict between the legal regimes of trade secret law and data privacy law is growing as companies increasingly collect and use data about their customers, making it key for organizations to find ways to comply with both laws in order to protect their intellectual property and the privacy of their customer, says Jenny Colgate at Rothwell Figg.