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Food & Beverage
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February 27, 2024
Insurer Gets BIPA Coverage Win After Ill. Appeals Court Ruling
An Illinois federal judge granted a win to an insurer in a coverage dispute with a condiment company over biometric privacy litigation, changing course Tuesday in response to a state appeals decision concerning an identical policy exclusion.
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February 27, 2024
$11M Meat Co. Deals Get Early OK In Colo. Wage Fixing Suit
A Colorado federal judge Tuesday gave initial approval to class settlements with two meat producers and a consulting company, requiring $11.25 million in payments to resolve claims that they participated in a nationwide scheme to fix and depress wages for meat plant workers.
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February 27, 2024
FTC Puts Labor Focus In Merger Basket For 1st Time
Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.
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February 27, 2024
Egg Co. Not Covered For Avian Flu Losses, Minn. Judge Says
A Markel unit does not owe coverage to an egg supplier for losses it sustained due to an avian flu outbreak in 2022, a Minnesota federal judge ruled Tuesday, finding that a communicable disease exclusion in a site pollution and environmental policy precluded coverage.
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February 27, 2024
Company Escapes Coverage Row Over Lethal Ammonia Leak
A contractor's affiliate whose employee died in an ammonia leak at a North Carolina cold storage facility needn't face claims stemming from the accident, the North Carolina Business Court said in a lawsuit originally brought against three insurers and others over coverage for the leak.
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February 27, 2024
States, Businesses Aim To Kill Feds' Revised Water Rule
States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.
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February 27, 2024
Salmon Fishing Mitigation Effort Is Absent, Green Group Says
Conservation group Wild Fish Conservancy told the Ninth Circuit the district court did not abuse its discretion in "narrowly partially vacating" an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, saying the overarching biological opinion is inconsistent with the Endangered Species Act.
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February 27, 2024
Judge Says Coffee Co.'s IP Claims Need More Time To Brew
A Colorado federal judge on Tuesday rejected competing efforts to avoid trial in a cold brew equipment maker's infringement suit against an insulated mug company, with the judge finding it's too soon for her to rule on the merits of the case.
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February 27, 2024
3rd Circ. Won't Reconsider Coverage Ruling For Deli Stabbing
The Third Circuit declined to review its decision that an insurer for a Philadelphia deli does not owe coverage for a $900,000 settlement reached with a man stabbed on the premises.
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February 27, 2024
Food Co. Gets Inflated ESOP Deal Suit Kicked To Arbitration
An Illinois federal judge said a worker must arbitrate her suit claiming a food manufacturer sold inflated company shares to its employee stock ownership plan, finding the plan's arbitration agreement allows the business to sidestep an exception blocking some federal benefit law claims from out-of-court resolutions.
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February 26, 2024
Altria Unit Drops Suit Against Dozens Of Vape Makers
Altria Group Inc. subsidiary NJOY has quietly dropped a California federal lawsuit accusing more than 30 vape product makers of breaking state and federal laws by selling flavored tobacco products that are forbidden in the Golden State.
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February 26, 2024
EPA Must Act On Failed Skagit River Temps Plan, Tribe Says
The Swinomish Indian Tribal Community said it plans to sue the U.S. Environmental Protection Agency for Endangered Species Act violations unless it revisits a failed Washington state plan to address high water temperatures in the Lower Skagit River Basin that are harming protected salmon species.
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February 26, 2024
Family Dollar OKs Record $41.7M Deal With DOJ Over Rodents
The U.S. Department of Justice on Monday announced that Family Dollar Stores LLC will pay $41.7 million after pleading guilty to storing food and drugs in unsanitary conditions at a rodent-infested warehouse, in what federal prosecutors called the largest monetary penalty in a food safety case.
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February 26, 2024
Nestle Fights Class Cert. In Child Labor Labeling Suit
Nestle USA Inc. urged a California federal judge on Friday to reject a shopper's bid to certify multiple classes of Golden State consumers challenging the company's "sustainably sourced" chocolate labels, arguing that the proposed classes can't "lump together" nearly 60 different labels on different products.
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February 26, 2024
Disney Sued Over Woman's Death From Allergen-Filled Meal
A New York man whose wife died of an allergic reaction after eating at an Irish restaurant at Walt Disney World is suing both the restaurant and Walt Disney Parks and Resorts for negligence, asserting they were repeatedly assured that the food they were served was free of allergens.
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February 26, 2024
Hydroelectric Co. Asks For Pause On Puyallup Dam Order
A hydroelectric company appealing to the Ninth Circuit is asking a Washington federal judge to stay an order that directed it to remove part of a temporary rock dam on the Puyallup River, saying the order would require it to make changes that are likely to damage its facility.
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February 26, 2024
Chancery Says 'Game Over' On Fee Windfalls For Easy Cases
A Delaware vice chancellor has publicly slammed stockholder attorneys who sought an $850,000 fee for "minuscule" hours spent on a corporate benefit case after a recent string of suits filed to police stockholder rights to separate class votes on company transactions.
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February 26, 2024
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.
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February 26, 2024
Burford, Sysco Object To Nixed Swap In Price-Fixing Suits
Restaurant food distributor Sysco and a Burford Capital affiliate both objected to a federal magistrate judge's decision not to allow the affiliate to replace Sysco in sprawling price-fixing lawsuits against pork and beef producers, asserting that the denial contravenes civil procedure rules and public policy.
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February 26, 2024
FTC Challenges Kroger's $25B Albertsons Buy
The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.
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February 26, 2024
Paul Hastings Adds FDA Practice Chair From King & Spalding
Paul Hastings LLP announced Monday that a King & Spalding partner specializing in the U.S. Food and Drug Administration and life sciences has joined the firm as chair of its new FDA practice in Washington, D.C.
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February 23, 2024
Russia Assets Seen As Key To Tipping The Scales For Ukraine
The 500-plus sanctions the U.S. added against Russia and its enablers Friday will continue to make the Kremlin's war more costly, but experts say the key to a real sea change in Ukraine is giving it Russia's seized assets abroad.
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February 23, 2024
Grocery Delivery Co. Weee Escapes Data Breach Suit
A New York federal judge has tossed a proposed class action against online grocery-delivery company Weee Inc. over a data breach without leave to amend, saying the plaintiffs failed to show a risk of injury since the leak only concerned low-risk data and not information such as payment records or passwords.
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February 23, 2024
Hershey Wants Suit Over Metals In Chocolate Axed For Good
The Hershey Co. urged a California federal judge on Thursday to toss a proposed class action alleging some of the candy maker's dark chocolate products contain dangerous levels of lead and cadmium for good, saying the small amount of heavy metals in the chocolate are naturally occurring and not dangerous.
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February 23, 2024
Wildlife, Paddling Groups Want To Join Clean Water Act Fight
The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.
Expert Analysis
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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6 Joint-Inventorship Lessons From Fed. Circ.'s Hormel Ruling
The recent Federal Circuit ruling in HIP v. Hormel, finding that David Howard of HIP was not a joint inventor of a Hormel patent, offers patent litigation and application tips, like discussing any work performed under a joint research agreement and assigning invention ownership rights to a specific entity, say attorneys at BCLP.
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Colorado Antitrust Reform Carries Broad State Impact
Colorado recently became the latest state to update and expand its antitrust laws, and the new act may significantly affect enforcement and private litigation, particularly when it comes to workers and consumers, says Diane Hazel at Foley & Lardner.
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What Calif. 'Take-Home' COVID Ruling Means For Employers
The California Supreme Court’s recent holding in Kuciemba v. Victory that employers are not liable for the spread of COVID-19 to nonemployee household members reflects a sensible policy position, but shouldn't be seen as a sea-change in the court's employee-friendly approach, say Brian Johnsrud and Brandon Rainey at Duane Morris.
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The Issues Brewing Around Starbucks Labor Practice Cases
Starbucks is faced with fighting off another push for a nationwide injunction against firing any employees that support unionization, and there's a distinct possibility that the company and the National Labor Relations Board could be fighting the same fight over and over in various locations, says Janette Levey at Levey Law.
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Opinion
Merger Guidelines Should Provide For Competition Trustees
Following the U.S. antitrust agencies' release of draft merger guidelines, retired U.S. Court of Federal Claims Chief Judge Susan Braden suggests a court-appointed competition trustee would help ensure U.S. competition without impairing economic prosperity.
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NYC Cannabis Landlord Accountability Law Has Limitations
A recently passed bill in New York City, aiming to crack down on the illegal cannabis market by levying fines against landlords who knowingly lease to unlicensed sellers, contains loopholes that may potentially limit the bill’s impact and lead to unintended consequences, say attorneys at Falcon Rappaport.
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Investors With ESG Aims Should Heed Antitrust Reporting Rules
As investors globally are embracing environmental, social and governance investing, regulatory agencies have made clear that ESG initiatives are not immune from antitrust scrutiny, and investors cannot count on receiving special exemptions from the Hart-Scott-Rodino Act reporting requirements, say Jonathan Gleklen and Francesca Pisano at Arnold & Porter.
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Rebuttal
Calif. PAGA Ruling Not A Total Loss For Employer Arbitration
Contrary to the conclusion reached in a recent Law360 guest article, the California Supreme Court’s ruling in Adolph v. Uber Technologies did not diminish the benefit of arbitrating employees’ individual Private Attorneys General Act claims, as the very limited ruling does not undermine U.S. Supreme Court precedent, says Steven Katz at Constangy.
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Regulatory Questions Loom As Lab-Grown Meat Hits Market
As cell-cultured meat gains popularity and moves quickly to market, food-labeling questions will be a test of the U.S. Department of Agriculture and the U.S. Food and Drug Administration's ability to seamlessly coordinate efforts to ensure safety, says Laurie Beyranevand at Vermont Law School.
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California's PFAS Bans May Have National Ripple Effects
As California moves to phase out per- and polyfluoroalkyl substances from many categories of consumer products, other states may soon follow — so manufacturers would be well advised take action now, or risk losing substantial market share, says Vineet Dubey at Custodio & Dubey.
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Merger Guidelines' Broad Tack Ignores Recent Precedent
The U.S. Justice Department and Federal Trade Commission's new proposed merger guidelines are consistent with the Biden administration's expansive approach to antitrust enforcement, but they fail to grapple meaningfully with much of modern economic precedent and court decisions requiring greater agency rigor in merger analysis, say attorneys at Freshfields.
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Ch. 11 Ruling Informs On Social Media Ownership Rights
Social media users now have useful guidance regarding account ownership rights following a federal bankruptcy court's recent ruling in the Vital Pharmaceuticals Chapter 11 case, which rejected the notion that advertised content alone could create a presumption of ownership for the advertised business, say Deborah Enea and Thomas Dockery at Troutman Pepper.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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Canada Emoji Ruling Considers Digital-Age Contract Realities
In South West Terminal v. Achter Land & Cattle, a Canadian court recently held that a thumbs-up emoji was just as valid as a signature, illustrating a common situation in the digital age and setting forth a rational framework for addressing contract disputes in U.S. courts and elsewhere, says George Singer at Holland & Hart.