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Retail & E-Commerce
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June 12, 2024
FTC's Amazon Prime Trial Moved To June 2025 Amid Doc Fight
A Washington federal judge agreed Wednesday to push back to June 2025 a high-stakes bench trial over the Federal Trade Commission's claims Amazon.com Inc. tricks consumers into enrolling in its Prime service, delaying the trial by months after the FTC accused Amazon of delaying discovery production.
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June 12, 2024
NM Pot Store Chain Unlawfully Keeps Tips, Budtenders Say
A cannabis retail chain in New Mexico is accused of unlawfully taking tips from its budtenders under the premise that the money would be donated to a charity, according to a proposed class action filed Wednesday in federal court.
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June 12, 2024
Wash. Urges 9th Circ. To Toss Pot Licensure Challenge
Washington's cannabis authority has asked the Ninth Circuit to reject an effort by an out-of-state retailer to block the state's social equity program from awarding retail licenses, arguing that a motion for preliminary injunction is moot now that the trial court has tossed the entire lawsuit with prejudice.
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June 12, 2024
Judge Says Biden Admin Must Allow Show Loophole, For Now
A Texas federal judge has ordered the Biden administration to stop enforcing a Bureau of Alcohol, Tobacco, Firearms and Explosives rule that seeks to close what is known as the gun show loophole by requiring many private sellers to register as dealers and perform background checks before transacting gun sales.
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June 12, 2024
Something Fishy With Conagra's '100% Whole Fish,' Suit Says
Customers alleged in Illinois federal court Tuesday that Conagra misled them by marketing its popular Van de Kamp's and Mrs. Paul's frozen fish products as "100% whole fish," despite artificially adding weight to those fish with an industrial filler and extra water.
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June 12, 2024
CIT Judge Orders 'Comfy' Tariff Case To Trial
A dispute over whether a baggy, fleece-lined wearable is legally a blanket or clothing is headed to trial after oral arguments Wednesday in the U.S. Court of International Trade failed to resolve questions stemming from a precedential decision on Santa Claus suits.
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June 12, 2024
$18.8M Theft Coverage Suit Must Be Heard In State Court
A Texas federal judge ruled that a lawsuit brought against an insurer over $18.8 million in theft and vandalism at a Georgia shopping center belongs in state court, refusing to create diversity by removing a plaintiff.
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June 12, 2024
'Natural' Toothpaste Brand Loaded With PFAS, Moms Say
Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.
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June 12, 2024
Amazon Flex Drivers Seek to Arbitrate Employment Status
Nearly 16,000 Amazon drivers filed arbitration claims against the e-commerce giant with the American Arbitration Association this week seeking unpaid wages and compensation for work-related expenses because of their misclassification as independent contractors.
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June 12, 2024
Ashley Furniture Faces Data Breach Suit Over 2023 Hack
Ashley Furniture customers hit the home furnishing retailer with a proposed class action in Texas federal court Monday, accusing the company of negligence over its failure to safeguard their personal information — which was compromised during a cyberattack a year ago — and of waiting months to notify them.
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June 12, 2024
GameStop Raises More Than $2.1B In Share Sale
GameStop Corp. has raised over $2.1 billion as part of a share sale, with plans to use the proceeds for general corporate purposes such as future acquisitions or investments.
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June 12, 2024
Massachusetts Pot Shop To Take Union Fight To 1st Circ.
A Massachusetts cannabis retailer found to have engaged in union busting is appealing a district court order that directed it to bargain with a United Food and Commercial Workers local and to offer to rehire two fired union supporters.
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June 12, 2024
Pool Co. Hits Ch. 11 After 'Crippling' $16M False Ads Verdict
The American arm of a Chinese swimming pool products manufacturer has declared bankruptcy after it was slapped with a $16 million false advertising and unfair business practices judgment in North Carolina that the company previously warned would put it out of business.
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June 12, 2024
2nd Circ. Partially Nixes Injunction Over Amazon Firing
The Second Circuit vacated on Wednesday a New York federal judge's order barring Amazon from firing workers for engaging in union activity, saying the judge did not explain why she imposed the broad prohibition while at the same time finding the company did not have to rehire a fired union activist.
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June 11, 2024
Attys For Restaurant Software Investors Ring Up $2.25M Fee
Attorneys representing investors in a suit against restaurant software company Olo Inc. will receive $2.25 million for brokering settlement of class action claims alleging the company touted an ill-fated partnership with sandwich chain Subway as an example of its success.
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June 11, 2024
Trade Court Affirms Evasion Finding Against Pipe Co.
A Cambodian pipe company should have been ready for U.S. investigators' scrutiny based on its owner's history of duty evasion, a U.S. Court of International Trade judge determined this week, rejecting its due process claims.
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June 11, 2024
NFL Balks At Delays, Amendments To Mobile App Privacy Suit
A proposed class action alleging that the NFL failed to protect data on its mobile app should not be allowed to replace the lead plaintiff, especially after he has exhibited a "lack of diligence and delay" during the suit, the league told a Rhode Island federal judge Tuesday.
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June 11, 2024
Ga. Justices Affirm Toss Of Adult Shop's Ordinance Challenge
Georgia's justices on Tuesday affirmed a trial court's dismissal of an adult novelty chain's challenge of a Gwinnett County ordinance that restricts adult entertainment stores to certain locations and requires them to obtain an adult establishment license to operate, concluding that the suit was barred as an already-adjudicated matter.
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June 11, 2024
Cannabis Co. Sued Over Veteran's Psychotic Episode
A U.S. Navy veteran says a psychotic episode he experienced after smoking cannabis led to him shooting his girlfriend and two dogs.
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June 11, 2024
4 More States Join DOJ's Antitrust Suit Against Apple
The attorneys general of Washington, Massachusetts, Nevada and Indiana on Tuesday became the latest to join the U.S. Department of Justice's antitrust lawsuit in New Jersey federal court claiming Apple is monopolizing the smartphone market.
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June 11, 2024
Home Depot Again Notches Win In OT Suit
A California federal court ruled that although a group of workers accusing Home Depot of unpaid overtime set forth enough new evidence to reconsider a win the home improvement chain snagged, the workers didn't sustain their arguments that the company purposely tried to dodge overtime laws.
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June 11, 2024
Wells Fargo Seeks Exit From 'Free Trial' Marketing Scam Suit
Wells Fargo on Tuesday asked a California federal judge to let it escape a lawsuit alleging that the bank's problematic sales practices led it to play a supporting role in two "free trial" marketing scams that pulled in $200 million from consumers, arguing there is no admissible evidence to support the plaintiff's "story."
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June 11, 2024
NBA Pro Sues Luxury Car Reseller Over Deal That Went Foul
Los Angeles Lakers guard Spencer Dinwiddie has sued a Beverly Hills luxury car seller and its reality-star manager in California state court, alleging that the dealership refused to return his $350,000 deposit to him when his agreement to purchase a $1 million Ferrari went sour.
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June 11, 2024
Mattel Wants Out Of Suit Over Forfeited 401(k) Funds
Mattel urged a California federal court to throw out a lawsuit a former employee launched alleging the company should have used former workers' forfeited 401(k) funds to cover plan expenses, saying its decision to use that money to satisfy its own contributions is in line with federal benefits law.
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June 11, 2024
Skechers Supplier Banned For Alleged Forced Labor Ties
Federal authorities announced on Tuesday three new additions — including a shoemaker linked to the sneaker brand Skechers — to their blacklist of companies purportedly linked to systematic oppression of Uyghurs and other minority groups in China.
Expert Analysis
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TTAB Ruling Raises Foreign-Language Mark Questions
The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.
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Best Practices To Accommodate Workplace Service Animals
Excerpt from Practical Guidance
Since the U.S. Equal Employment Opportunity Commission recently pledged to enforce accommodations for people with intellectual, developmental and mental health-related disabilities, companies should use an interactive process to properly respond when employees ask about bringing service animals into the workplace, say Samuel Lillard and Jantzen Mace at Ogletree.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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2nd Circ. Eminent Domain Ruling Empowers Municipalities
The Second Circuit's recent decision in Brinkmann v. Town of Southold, finding that a pretextual taking does not violate the Fifth Amendment's takings clause, gives municipalities a powerful tool with which to block unwanted development projects, even in bad faith, say James O'Connor and Benjamin Sugarman at Phillips Lytle.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.