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Retail & E-Commerce
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November 10, 2025
Tyson's $85M Deal Gets Initial OK In Pork Price-Fixing Case
A Minnesota federal judge has granted preliminary approval for an $85 million settlement resolving consumers' claims against Tyson Foods Inc. in antitrust litigation that accused pork producers of conspiring with a benchmarking company to inflate pork prices by limiting supply in the U.S. market.
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November 10, 2025
La. Condo Awarded $5M For State Farm's Storm Claim Delay
A State Farm unit owes a Bayou State condominium complex over $5 million in penalties for its delayed adjustment of the complex's hurricane damage claim despite having satisfactory proof of loss, a Louisiana federal court held Monday.
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November 10, 2025
Ulta Beauty's Guidance Doesn't Prevent 2nd Jobs, Co. Says
Ulta Beauty says a Washington federal court should throw out a proposed class action accusing the cosmetics retailer of illegally preventing its low-wage workers from taking additional jobs, arguing that the company's "nonbinding guidance" for employees is within legal limits on moonlighting.
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November 10, 2025
Best Buy Says CGL Policy, Not Auto, Covers Crash Settlement
Best Buy accused three AXA XL units of failing to properly cover its "multi-million-dollar" settlement of negligence claims over a fatal automobile collision involving an independent subcontractor, telling a Minnesota federal court its insurers have restricted coverage to an inapplicable auto policy with a $6 million deductible.
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November 10, 2025
Visa, Mastercard Cut New Deal Worth 'Well More Than $200B'
Visa, Mastercard and a class of potentially millions of merchants announced a new settlement Monday resolving two decades of antitrust litigation, which would permit more flexibility on what cards are accepted and would lower fees — with a five-year cap — to address a New York federal judge's concerns that an earlier version wasn't enough.
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November 10, 2025
Del. Justices Reject Bid To Revive Amazon-Blue Origin Suit
Delaware's Supreme Court has declined to revive a suit that was dismissed by the Court of Chancery that accused Amazon founder Jeff Bezos and the company's board of directors of "blindly" approving a multibillion-dollar, Bezos-controlled launch contract for a new satellite-based internet service.
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November 10, 2025
Judge OKs $8M Deal For 'Rent-To-Own' Class, $2M Atty Fees
A class of consumers got the green light on an $8 million settlement with a financing company accused of charging excessive fees on rent-to-own agreements for storage sheds in violation of North Carolina laws, with class counsel securing more than $2 million in fees, court records show.
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November 10, 2025
Munchkin's $8M Trial Damages Bid A 'Double Dip,' Rival Says
Baby product maker TOMY International argued Friday that an Illinois federal judge shouldn't allow Munchkin Inc. to "double dip" and get more than $8 million in enhanced damages after jurors found TOMY infringed two patents for a spill-proof cup, saying its conduct was not egregious enough to justify it and that its competitor wants duplicative damages stemming from the same acts of infringement.
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November 10, 2025
Pot Shop Bombards People With Promo Texts, TCPA Suit Says
A Southern California cannabis dispensary was hit with a proposed class action in federal court Friday alleging it violated the Telephone Consumer Protection Act by sending unsolicited telemarketing messages to individuals to promote its services, despite the fact their numbers have been placed on the national Do Not Call registry.
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November 10, 2025
Lack Of Notice Dooms Some Claims In Ark. THC Vape Suit
An Arkansas federal judge has dismissed some claims from a proposed class action alleging that a retailer, vape-maker and others conspired to sell vapes with THC levels higher than legally allowed.
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November 10, 2025
Pepsi Bottling Partner, CLF Settle Suit Over Pollution Claims
A Massachusetts bottler of Pepsi products has agreed to contribute nearly $500,000 to a project that will monitor water quality and conduct restoration efforts in several northern Massachusetts waterways to settle claims that they were polluted by discharge and runoff from the plant, according to a proposed settlement filed in federal court.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 07, 2025
Smoke Shop Sanctioned Tossing Sale Docs In NY Tribal Row
After destroying sales records daily over the course of three years, the retailers accused by the Cayuga Nation of running an unauthorized cannabis shop will face sanctions, a New York federal judge ruled, calling their behavior "grossly negligent and likely willful."
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November 07, 2025
Altria, NJOY Rip 'Unconstitutional' ITC Patent Proceeding
The U.S. International Trade Commission's process for appointing its administrative law judges is unconstitutional, Altria Group and its NJOY vaping subsidiary alleged Friday in urging a Virginia federal court to block an ITC patent infringement proceeding against them.
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November 07, 2025
DOJ Starts Price-Fix Probe Of Meatpackers Amid Trump Posts
The U.S. Department of Justice announced an investigation into alleged price-fixing by meatpacking companies, following social media posts by President Trump accusing "Majority Foreign Meat Packers" of colluding to drive up prices.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
Insurers Say La. Mall Owner Is Trying To Derail Arbitration
A group of insurers led by Lloyd's of London underwriters has urged a New York federal court to appoint an umpire in an arbitration proceeding over coverage for a Louisiana mall damaged in a 2021 hurricane, accusing the mall owner of trying to derail the arbitration.
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November 07, 2025
Canadian Co. Blocked From Using 'Deep Cleansing Oil' Brand
A Pennsylvania federal judge has permanently blocked a Canadian skincare company from infringing a competitor's trademark for "Deep Cleansing Oil," after it failed to respond to the case.
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November 07, 2025
Insurer Aims To Recoup Costs In Amazon Battery Fire Case
Penn National Insurance is aiming to recoup costs from Amazon over a North Carolina house fire blamed on a defective, rechargeable vacuum battery the retail giant sold, according to a complaint removed to federal court Thursday from state court.
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November 07, 2025
Insurer Escapes Gas Station Row Over Shooting By Employee
A gas company's insurer owed no coverage for a suit brought by a customer who was attacked and shot by an employee, an Indiana federal court ruled, saying the suit was not an occurrence under the policy.
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November 07, 2025
Nike Beats Bid To Revive Greenwashing Claims At 8th Circ.
The Eighth Circuit on Friday affirmed the dismissal of a proposed class action accusing Nike of greenwashing by falsely claiming that some of its clothing is sustainably made, holding that the lower court did not abuse its discretion when it nixed the complaint with prejudice because the plaintiff chose not to file amended claims.
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November 07, 2025
USPTO Extends Deadline For PTAB Institution Rules Feedback
The U.S. Patent and Trademark Office has provided a 15-day extension for giving feedback on proposed rules that will likely reduce the institution of certain patent challenges at the Patent Trial and Appeal Board, with Director John Squires saying "now's the time" to finalize rulemaking on discretionary denial issues.
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November 07, 2025
Panel Weighs If Baby Lounger Co. Can Still Fight CPSC Label
D.C. Circuit judges suggested Friday that the maker of a popular baby lounger may have forfeited its key appellate argument for undoing a U.S. Consumer Product Safety Commission rule that has forced the product off the market by failing to address the issue during the agency's rulemaking.
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November 07, 2025
Judge Denies Injunction Bid In Baby Carrier TM Fight
A Manhattan federal judge has denied a request for a preliminary injunction from a company suing a rival for trademark infringement in relation to baby carriers, saying she wasn't convinced that consumers were likely to be confused by the two products.
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November 07, 2025
3 Firms Guide Dubai Hookah Maker's $1.75B SPAC Merger
Three law firms are guiding Dubai hookah brand owner AIR Ltd. on its agreement to go public in the U.S. through a $1.75 billion deal with blank-check firm Cantor Equity Partners III, the companies said on Friday.
Expert Analysis
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Opinion
Anti-Counterfeiting Efforts Must Hold China Accountable
As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.
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Securing IP Protection For AI Avatars
As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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CIPA May Not Be Necessary To Protect Ad Tech Plaintiffs
A California bill designed to protect businesses from advertising technology claims under the California Invasion of Privacy Act by amending the act retroactively has been highly contested by various consumer advocacy groups, but other existing law may sufficiently protect any plaintiff who suffers actual harm from such tech, says Justin Donoho at Duane Morris.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Opinion
9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong
The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.