Food & Beverage

  • May 28, 2025

    5-Hour Energy Price Discrimination Suit Falls Short Again

    A California federal judge ruled Wednesday that family-owned wholesalers proved competition with Costco in their price-discrimination suit against the maker of 5-Hour Energy and that the energy "shot" company offered Costco disproportionate promotions, but the wholesalers did not prove that this discrimination caused them antitrust injury.

  • May 28, 2025

    Feds Won't Appeal Offshore Fish Farming Permit Decision

    The federal government will not appeal a decision to set aside a U.S. Army Corps of Engineers' permit intended to speed up industrial aquaculture in public ocean waters, ending the dispute and any future use of the structures off the country's eastern and western coasts.

  • May 28, 2025

    Distiller Denied New Shot At Wash. State Alcohol Sales Regs

    A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.

  • May 28, 2025

    Flamin' Hot Cheetos Defamation Suit Snuffed Out, For Now

    A California federal judge Wednesday granted Frito-Lay Inc.'s motion to strike a former employee's discrimination and defamation suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, finding he's unlikely to win his claims, but giving him another shot at amendment.

  • May 28, 2025

    NC BBQ Joint Roasts Flagship Over Trademark Use

    A chain of fast casual barbecue restaurants in North Carolina has accused the original location of misusing the brand's trademarks to sell sauces and rubs beyond the bounds of its alleged licensing agreement, according to a newly designated state Business Court complaint.

  • May 28, 2025

    Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta

    The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.

  • May 27, 2025

    Texas Legislature Sends THC Ban To Governor's Desk

    Texas lawmakers on Tuesday gave final approval to a bill banning products with hemp-derived THC and sent the legislation to Gov. Greg Abbott's desk, advancing one of the goals of his administration.

  • May 27, 2025

    Renaissance Fair Co. Says Landlord Planned 'Knock-Off' Event

    The operator of a New England Renaissance fair has accused its landlord of stalling on a long-term lease extension in order to plan a "knock-off version" of the event.

  • May 27, 2025

    Next Meats Beats Investor Suit Over 'Short Swing' Profits

    The controlling shareholders of Japan-based Next Meats have beaten, for good, a suit alleging they collected unlawful short-swing profits after a New York federal judge found the plaintiff could not satisfy the so-called Morrison test of demonstrating a domestic securities transaction that can be tried in U.S. courts.

  • May 27, 2025

    Bayer, Monsanto On Hook For $611M Roundup Cancer Awards

    A Missouri appellate panel Tuesday affirmed a trial court's $611 million award reduced from a jury's $1.56 billion verdict for three people who claimed their cancer was caused by Bayer unit Monsanto Co.'s Roundup weedkiller, saying a law professor's testimony about a Ninth Circuit decision was not prejudicial.

  • May 27, 2025

    Mobile App Infringement Suit Against Bridgestone Dropped

    A New Jersey company and tire maker Bridgestone Americas Inc. on Tuesday jointly asked a Texas federal judge to dismiss a case in which Bridgestone was accused of using patented mobile device communication technology in its mobile app.

  • May 27, 2025

    6th Circ. Urged To Revive FedEx, Kellogg Pension Suits

    FedEx and Kellogg retirees urged the Sixth Circuit to revive two proposed class actions alleging their ex-employers' use of outdated actuarial assumptions shortchanged the value of their pension annuity benefits, arguing that definitions of the term "actuarial equivalent" from the time federal benefits law was enacted supported their appeals.

  • May 27, 2025

    DOJ Pushes Back Against Agri Stats Recusal Bid

    The U.S. Department of Justice told a Minnesota federal judge Friday there is no reason to recuse himself from a case accusing Agri Stats of helping meat processors exchange sensitive information because the clerk who allegedly created a conflict is not working on the case.

  • May 27, 2025

    Ex-Domino's Drivers Seek Class Cert. In Vehicle Costs Suit

    A trio of former Domino's delivery drivers asked an Ohio federal judge to certify their proposed classes of current and former drivers in and outside the Buckeye State as they pursue claims that Domino's franchisee Team Pizza Inc. took them below minimum wage by shuffling vehicle costs onto workers.

  • May 27, 2025

    Ghee Butter Buyer Denied Class Cert. In 'Good Fat' Label Suit

    A California federal judge has denied a bid for class certification in a suit alleging the sellers of ghee, a clarified butter, falsely claimed that it contained "good fat," saying the lead plaintiff failed to show that anyone besides her was misled by the labeling.

  • May 27, 2025

    Justices Deny Food Wrapping Co.'s Prior Art Petition

    The owner of invalidated food wrapping patents failed to persuade the U.S. Supreme Court on Tuesday to review its allegations that the Federal Circuit wrongly presumes prior art is always enabled.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    Amazon.com Sued Over Toxic Metals Found In Rice Products

    Consumers hit Amazon.com with a proposed class action in Washington federal court Friday, seeking to hold the retail giant liable for selling rice products that allegedly contain "alarmingly high" levels of toxic heavy metals.

  • May 23, 2025

    Groups Look To Block Trump's Monument Fishing Order

    Three conservation groups are challenging a Trump administration proclamation that will open up a 400,000-square-mile Hawaiian national marine monument to commercial fishing, saying the president exceeded his Antiquities Act and constitutional authority in doing so.

  • May 23, 2025

    IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited

    In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.

  • May 23, 2025

    Dallas Jury Enters $9.4M Verdict Against El Rancho Chain

    A Dallas County jury said that a Texas trucking company is owed nearly $10 million from the El Rancho Supermercado grocery chain and its shipping arm over contract breaches that occurred after the chain was acquired by a new company.

  • May 23, 2025

    NC Biz Court Serves Up Wins In Real Estate Commission Fight

    North Carolina's business court gave a food service company and a real estate broker partial wins in their ongoing commission dispute, ruling that the broker is entitled to commissions on transactions it has not been paid for but cannot require the food firm to use it for future deals.

  • May 23, 2025

    Ruby Tuesday Fired Bartender On Medical Leave, Court Told

    Ruby Tuesday fired a bartender while she was out on medical leave recovering from a broken hip that she sustained in a car accident and refused to let her return to her former role, she said in a suit filed in North Carolina federal court.

  • May 23, 2025

    Wrigley Scion Can't Avoid Fraud Claims, Pot Co. Ex-Execs Say

    Former executives of troubled medical marijuana company Parallel said its former CEO, scion to the Wrigley gum fortune, shouldn't be allowed to escape a lawsuit accusing him of lying about share prices to lure executive talent, slamming his motion to dismiss.

  • May 23, 2025

    Canada Won't Expedite WTO Clash Over Chinese Ag Tariffs

    The Canadian government on Friday abandoned an effort to fast-track its World Trade Organization case targeting Chinese tariffs, while nevertheless defending its right to do so because the case involves perishable food products.

Expert Analysis

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Influencer Campaign Lawsuits Signal New Endorsement Risks

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    Recent class actions allege that companies' influencer campaigns violate the Federal Trade Commission's Endorsement Guides and various state laws, but it's not clear whether the failure to comply can sustain these lawsuits, or whether the plaintiffs' creative theory of damages will hold up to scrutiny, says Gonzalo Mon at Kelley Drye.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • How Cos. Can Mitigate Increasing Microplastics Liability Risk

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    Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • HHS Directive Could Overhaul Food Ingredient Safety Rules

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    If the U.S. Food and Drug Administration eliminates the self-affirmed pathway that allows food ingredients to be used without premarket approval, per the U.S. Department of Health and Human Services' directive, it would be a sea change for the food industry and the food-contact material industry, say attorneys at K&L Gates.

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