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Food & Beverage
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
Target Hit With False Ad Suit Over Citric Acid In Pasta Sauce
Target falsely marketed its store brand pasta sauces as having no "artificial" preservatives despite containing synthetic manufactured citric acid, according to a proposed class action removed to California federal court Wednesday.
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April 24, 2025
Starbucks Sued Over Human Rights Abuses On Coffee Farms
The supply chain for Starbucks' Brazilian coffee is rife with slavery-like conditions and child labor, coffee plantation workers have said in a lawsuit, alleging they were forced to work for suppliers of the global coffee chain under "debt bondage" and threats of violence.
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April 24, 2025
EPA Faces Diverging Input On How To Modify WOTUS Rule
The Trump administration is being pulled in opposite directions by a wide variety of industry groups that are urging it to take a very narrow view of the Clean Water Act's jurisdiction, and environmental organizations and others who say the law should cover the most waterways possible.
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April 24, 2025
2 SPACs Join Recovering Market With $461M In New Capital
Two special purpose acquisition companies raised $461 million combined through initial public offerings in the past two days in order to pursue mergers targeting several industries, represented by three law firms, extending an uptick in SPAC offerings despite broader market volatility.
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April 23, 2025
Fla. AG Tells Cops TRO Blocking Migrant Law Is Unlawful
Florida's Attorney General on Wednesday informed law enforcement agencies of a federal judge's extension of a temporary restraining order blocking enforcement of a law criminalizing the entry of unauthorized migrants but told them he could not stop them from enforcing the law because "no lawful, legitimate order" prevents them from doing so.
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April 23, 2025
Citron Research Founder Can't Escape SEC Fraud Suit
The founder of trading advice website Citron Research and his investment advisory firm cannot escape the U.S. Securities and Exchange Commission's suit alleging they raked in $20 million by manipulating trading prices, a California federal judge ruled Tuesday, saying the complaint adequately alleges fraud.
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April 23, 2025
Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit
The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.
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April 23, 2025
GoodRx Beats Investor Suit Over Kroger-Linked Biz
GoodRx Holdings Inc. has escaped a proposed shareholder class action alleging it concealed from investors the indispensability of its relationship with Kroger, according to an order signed by a California federal judge who said the suit does not show GoodRx knew Kroger had plans to renegotiate its contracts.
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April 23, 2025
Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.
Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
No Trade Secret Trial Do-Overs In Chocolate Moonshine Suit
A Pennsylvania chocolatier and her company can't get second chances in a lawsuit accusing them of stealing a rival and former spouse's recipe for Chocolate Moonshine fudge, after a federal judge ruled Tuesday that her ex had proved the value of his secret recipe and the court had not harmed the defense's case by blocking discussion of their divorce.
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April 23, 2025
Saladworks Operator Must Face Worker's Unpaid OT Suit
A Pennsylvania-based franchisee of fast-casual salad eatery Saladworks cannot escape a proposed collective action accusing it of misclassifying assistant managers as overtime-exempt, a federal judge ruled Wednesday, rejecting the company's argument that there aren't enough assistant managers to support a collective.
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April 22, 2025
Ga. Woman Gets 12 Years In $156M FEMA Fraud Case
A Georgia woman convicted of defrauding the Federal Emergency Management Agency in a case involving nearly $156 million in fraudulent contracts related to Hurricane Maria relief has been sentenced to 12 years in prison.
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April 22, 2025
Temp Workers Sue Fresh Express Over Alleged Safety Hazards
Six temporary workers claimed in a potential class action filed Monday that salad kit maker Fresh Express failed to train them to operate dangerous equipment or mitigate safety risks and that the staffing agencies that sent them there failed to pay wages comparable to what their hired employees make in violation of Illinois law.
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April 22, 2025
Tivity Health Denied Win In Suit Over Nutrisystem Buy
Health program company Tivity Health was largely denied a summary judgment win over investors who sued the company over its troubled $1.3 billion purchase of Nutrisystem, according to an order from a Tennessee federal judge who ruled Tivity's duty to disclose certain information is still debatable.
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April 22, 2025
Dunkin' Unit Beats Disability Bias Suit Over Nondairy Milk Fees
A California federal judge dismissed a lawsuit from lactose-intolerant customers accusing a Dunkin' Donuts unit and its franchisees of disability discrimination for charging extra for nondairy milk, ruling Monday that because the surcharge applied to all customers it didn't violate the Americans with Disabilities Act or a state law against discrimination.
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April 22, 2025
MoFo Adds Perkins Coie FDA Regulatory Leader In DC
Morrison Foerster LLP has hired a former Perkins Coie LLP leader who focuses his practice on a range of regulatory matters involving the U.S. Food and Drug Administration as its new head of food and regulatory, the firm announced Tuesday.
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April 22, 2025
Save Mart Reaches $20.5M Deal On Nonunion Retiree Benefits
California-based Save Mart Supermarkets will pay about $20.5 million to escape a suit from workers who alleged the company unlawfully revoked a monthly health reimbursement that it promised to nonunion retirees and their spouses for life, according to a proposed deal filed in federal court.
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April 22, 2025
Dunkin' Manager Says He Was Asked His Age, Then Fired
A former district manager for the nation's largest Dunkin' independent franchise operator said he was fired two weeks after getting out of the hospital for a chronic medical condition, and just hours after his supervisor asked him his age.
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April 21, 2025
7th Circ. Gives Costco Slip-And-Fall Suit A Second Life
The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.
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April 21, 2025
Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule
Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.
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April 21, 2025
FTC Accuses Uber Of Deceptive Subscription Practices
The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.
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April 21, 2025
Pot Company Once Allied With Influencer Wants Rehearing
A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.
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April 21, 2025
Neogen Selling Cleaners Biz To Kersia For $130M
Neogen Corp. said Monday it will sell its global cleaners and disinfectants business to Kersia Group for $130 million in cash, plus additional contingent consideration based on future performance.
Expert Analysis
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Why K-Cup Claims Landed Keurig In Hot Water With SEC
The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.