A Delaware judge awarded $55 million in damages Wednesday to Tyson Foods Inc. arising from its $866 million acquisition of poultry rendering plants in Georgia and Alabama, finding after trial that American Proteins Inc. concealed past recycling of slaughter wastewater sludge and fraudulently induced the deal.
Law360
Delaware
THURSDAY, JULY 3, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Tyson Wins $55M In Del. After Poultry Rendering Plants Trial

By Jeff Montgomery

A Delaware judge awarded $55 million in damages Wednesday to Tyson Foods Inc. arising from its $866 million acquisition of poultry rendering plants in Georgia and Alabama, finding after trial that American Proteins Inc. concealed past recycling of slaughter wastewater sludge and fraudulently induced the deal.

Opinion attached | Read full article » | Save to favorites »

Investor Says Houston Apt. Owner Diverted $17M In Proceeds

By Grace Dixon

An investor controlled by bridge lender KHCA Funding LLC has filed suit against the owner and operator entities of a multifamily building in Houston, alleging that $17.6 million in investment proceeds it was due were improperly diverted elsewhere by the company.

Complaint attached | Read full article » | Save to favorites »

Judge Revives Supplement Patent Claims Jury Found Invalid

By Adam Lidgett

A Delaware federal judge Wednesday allowed HQ Specialty Pharma Corp. to correct an injectable calcium supplement patent it accused Fresenius Kabi of infringing and found the claims were no longer invalid as a result.

Opinion attached | Read full article » | Save to favorites »

Analysis

The Biggest Patent Rulings Of 2025: A Midyear Report

By Ryan Davis

A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.

Read full article » | Save to favorites »

SUPREME COURT

Feature

The Funniest Moments Of The Supreme Court's Term

By Jeff Overley

After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

Read full article » | Save to favorites »

POLICY & REGULATION

States Say DHS' Softer Stance On Grants Doesn't Moot Suit

By Zach Dupont

A collective of 20 states said Wednesday that only Congress can change the terms of federal grants, telling a Rhode Island federal judge that the U.S. Department of Homeland Security's softening of its stance on withholding funds to states that don't cooperate with immigration enforcement cannot moot their suit against the government.

Motion attached | Read full article » | Save to favorites »

COURT OF CHANCERY

SpaceX Investor Wins $1 After Suing Over $50M Deal Scratch

By Jeff Montgomery

A China-tied company that sued a California-based private equity firm for walking back a purported agreement to make a $50 million investment in SpaceX in November 2021 has won a single dollar in damages after a three-year, multiclaim Delaware Court of Chancery suit and trial.

Opinion attached | Read full article » | Save to favorites »

BANKRUPTCY COURT

Canned Food Group Del Monte Hits Ch. 11 With $1.2B Debt

By Clara Geoghegan

Packaged foods giant Del Monte is seeking Chapter 11 bankruptcy protection in New Jersey with plans for a sale after a liability management transaction last year failed to sufficiently reduce borrowing costs from its $1.23 billion of secured debt.

2 documents attached | Read full article » | Save to favorites »

Insurers Blast Avon Ch. 11 Talc Injury Trust

By Rick Archer

A group of insurance carriers is asking a Delaware bankruptcy judge to reject cosmetic seller Avon Products' Chapter 11 plan, saying it would unfairly force them to pay possibly bogus talc injury claims.

Response attached | Read full article » | Save to favorites »

THIRD CIRCUIT

3rd Circ. Rules False Claims Fraud Can Trigger Deportation

By P.J. D'Annunzio

A Canadian national who gained permanent-resident status in the United States can be deported for costing the Department of Veterans Affairs $3 million by making false claims to get his scuba school into a GI Bill-funded program, the Third Circuit held in a precedential ruling Tuesday.

Opinion attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Assessing New Changes To Texas Officer Exculpation Law

Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.

Read full article » | Save to favorites »

Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

Read full article » | Save to favorites »

Opinion

Subject Matter Eligibility Test Should Return To Preemption

Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.

Opinion attached | Read full article » | Save to favorites »

8 Ways Lawyers Can Protect The Rule Of Law In Their Work

Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

Read full article » | Save to favorites »

LEGAL INDUSTRY

GOP Reps. Want Probe Of RI Judge Blocking Funding Freeze

By Jack Karp

Two Republican U.S. House members have asked the First Circuit to investigate a Rhode Island federal judge who blocked a Trump administration spending freeze, claiming the judge's link to a funding recipient constitutes a conflict of interest, one of those congressmen's office confirmed to Law360 Pulse on Wednesday.

Letter attached | Read full article » | Save to favorites »

Trump Announces 1st And 9th Circ. Nominees

By Courtney Bublé

President Donald Trump announced nominations for judges on the First and Ninth circuit courts on Wednesday evening.

Read full article » | Save to favorites »

Girardi Asks To Remain Free During Fraud Appeal

By Lauren Berg

Disbarred attorney Tom Girardi asked a California federal judge on Wednesday to remain free on bond while he appeals his wire fraud conviction, saying he's not a flight risk or danger to the community and there are several issues on appeal that could result in reversal or resentencing.

Motion attached | Read full article » | Save to favorites »

Ill. Judge Asks Deere Rivals To Stop Pestering Court Staff

By Nadia Dreid

The judge overseeing the FTC's antitrust enforcement action against farm machinery maker Deere & Co. has penned a light-hearted order calling out another judge and asking equipment manufacturers to stop calling his staff to ask for advice.

Order attached | Read full article » | Save to favorites »

Amazon Judge Presses FTC On Bid For 'Bad Faith' Finding

By Rachel Riley

As the Federal Trade Commission insisted Wednesday that Amazon should be punished with a bad faith finding for mislabeling documents as privileged in a case over the company's Prime subscription practices, a Washington federal judge questioned why the agency wasn't "made whole" when the court granted its sanctions bid.

Read full article » | Save to favorites »

DOJ, HHS Form New False Claims Act Enforcement Group

By Gianna Ferrarin

Lead attorneys at the U.S. Department of Health and Human Services and the Justice Department will head a working group focused on enforcement of the False Claims Act, government officials announced Wednesday.

Read full article » | Save to favorites »

Segal McCambridge Hit With Age Bias, Retaliation Suit

By Jake Maher

A former secretary is suing Segal McCambridge Singer & Mahoney Ltd. in New York federal court alleging that the firm excluded her from work emails, falsely accused her of failing to perform her work duties and ultimately fired her based on her age.

Complaint attached | Read full article » | Save to favorites »

Wisconsin High Court Narrowly Blocks 1849 Abortion Ban

By Dan McKay

The Wisconsin Supreme Court on Wednesday narrowly struck down an 1849 statute criminalizing abortion, finding that the law has been effectively replaced by more modern legislation regulating the procedure.

Order attached | Read full article » | Save to favorites »

DOJ, Defenders Alums Chosen As EDNY Magistrate Judges

By Andrea Keckley

The Board of Judges of the U.S. District Court for the Eastern District of New York has announced the appointment of two new magistrate judges: a former federal prosecutor and a Federal Defenders of New York alum.

Read full article » | Save to favorites »

Litigation Funder Seeks Exit From NJ Suit Over Crash Funding

By Emily Sawicki

A litigation funder has asked a New Jersey state court to remove it from a suit alleging it worked with two law firms to unlawfully steer a former client into high-interest loans amid a vehicle injury suit, arguing its funding agreements are not loans and therefore are not governed by the Consumer Fraud Act.

Motion attached | Read full article » | Save to favorites »

Analysis

Amid DEI Uncertainty, Cos. Face Pressure From All Sides

By Sarah Jarvis

Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.

Read full article » | Save to favorites »

Calif. Man Charged In Plot To Murder Fed. Judge, Senator

By Lauren Berg

A California man allegedly belonging to an online-based terrorist group is accused of soliciting the murders of a federal judge, a U.S. senator, a former U.S. attorney and other officials the organization deemed to be obstructing their white supremacist aims, according to a federal indictment unsealed Wednesday.

2 documents attached | Read full article » | Save to favorites »

Roundup

Hub Hires: Crowell & Moring, Greenberg Traurig, Kirkland

By Chris Villani

There will be more than a few Boston-area attorneys celebrating new jobs while attending Fourth of July cookouts this year.

Read full article » | Save to favorites »

Promo that reads Law360 400 Promo that reads 2025 Law360 Titans of the Plaintiffs Bar

LAW FIRMS IN TODAY'S NEWS

Abrams & Bayliss

Baker Donelson

Blank Rome

Bracewell LLP

Brown Rudnick

Clement & Murphy

Cole Schotz

Cooley LLP

Covington & Burling

Crowell & Moring

DLA Piper

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Duane Morris

Dykema

Farnan LLP

Fox Rothschild

Gibson Dunn

Girardi & Keese

Goodwin Procter

Greenbaum Rowe

Greenberg Traurig

Groombridge Wu

Herbert Smith Freehills

Holland & Hart

Holland & Knight

Hueston Hennigan

Ifrah Law

Jones Day

K&L Gates

Kennedys Law LLP

King & Spalding

Kirkland & Ellis

Knobbe Martens

Latham & Watkins

Lee & Lin

McDonnell Boehnen

Milbank LLP

Miller & Chevalier

Morris Nichols

Morrison Foerster

Nixon Peabody

Patterson Belknap

Pierce Atwood

Pierson Ferdinand LLP

Potomac Law Group

Potter Anderson

Quinn Emanuel

Rakoczy Molino

Reavis Page

Richards Layton

Ross Aronstam

Rothwell Figg

Segal McCambridge

Sidley Austin

Skarzynski Marick

Sterlington PLLC

Troutman

Weil Gotshal

White and Williams

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

Avon Products Inc.

Brooklyn Law School

Deere & Co.

Del Monte Foods Inc.

DraftKings Inc.

Financial Industry Regulatory Authority Inc.

Fox Corp.

Fresenius Kabi AG

Fresenius SE & Co. KGaA

Fresh Del Monte Produce Inc.

Google LLC

Harvard University

LinkedIn Corp.

McDonald's Corp.

NVIDIA Corp.

Natura Cosmeticos SA

New York University

Organization for Economic Cooperation and Development

PacifiCorp

Planned Parenthood Federation

Space Exploration Technologies Corp.

Stanford University

The New York Times Co.

Tyson Foods Inc.

Universal Health Services Inc.

University of Virginia

Versity Invest LLC

Walmart Inc.

Welch Allyn Inc.

iRhythm Technologies Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Disease Control and Prevention

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Bureau of Prisons

Federal Communications Commission

Federal Emergency Management Agency

Federal Trade Commission

Food and Drug Administration

International Trade Commission

New Jersey Court

Oklahoma Court of Criminal Appeals

Patent Trial and Appeal Board

Pennsylvania Department of Transportation

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Rhode Island

U.S. Attorney's Office for the Eastern District of California

U.S. Attorney's Office for the Eastern District of New York

U.S. Attorney's Office for the Southern District of New York

U.S. Bankruptcy Court for the District of Delaware

U.S. Bankruptcy Court for the District of New Jersey

U.S. Coast Guard

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Education

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Housing and Urban Development

U.S. Department of Justice

U.S. Department of State

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Rhode Island

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

US Office of Management and Budget

Wisconsin Department of Justice

Wisconsin Supreme Court