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Retail & E-Commerce
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April 29, 2025
Ex-Levi's Exec Loses Bid To Call Therapist At Bias Trial
A California federal judge on Tuesday rejected a renewed bid from an ex-Levi Strauss executive suing for sex discrimination to have her therapist testify in the trial's liability phase about work-related stress, saying comments from a former Levi's colleague about the plaintiff's home struggles didn't open the door for his testimony.
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April 29, 2025
Omnicare Hit With $136M Jury Verdict For Bilking Feds
A New York federal jury on Tuesday returned a verdict finding that CVS Health Corp. subsidiary Omnicare illegally billed the federal government to the tune of $135.6 million, one of the largest jury verdicts in a False Claims Act case, according to a statement from the U.S. Department of Justice.
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April 29, 2025
Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row
The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.
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April 29, 2025
Amazon Can't Shake Return Policy Suit, Wash. Judge Rules
A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.
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April 29, 2025
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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April 29, 2025
Photog Owes $67K For Skipping Deposition In Copyright Feud
A federal judge in the Southern District of New York on Tuesday ordered a photographer suing a fashion website over a photo of actor Jonah Hill to cough up nearly $67,000 for skipping his own deposition in the case, among other conduct.
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April 29, 2025
Pork Producers Want Ruling Tossed Over Clerk's Conduct
Pork producers and Agri Stats Inc., which are defending themselves against a major price-fixing suit, are calling on the Minnesota federal judge overseeing the case to recuse himself and vacate his recent rulings, accusing one of his clerks of having inappropriate relationships with plaintiffs' attorneys in a new filing this week.
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
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April 29, 2025
Honda America Asks To Halt Faulty Brakes Suit
American Honda Motor Co. urged a California federal judge Monday to throw out an amended proposed class action alleging some of the automaker's vehicles equipped with automatic emergency braking are unsafe, arguing the claims are meritless because the owner's manuals disclose the possibility of false activations of the braking system.
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April 29, 2025
CRT Buyers Want $3.7B In Damages After Price-Fixing Default
Groups of buyers in long-running litigation over an alleged conspiracy to fix cathode ray tube prices asked a California federal court for $3.7 billion in damages after a default judgment against Chinese electronics company Irico Group for failing to preserve evidence.
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April 29, 2025
Kroger-Owned Chain Fights To Keep UFCW Suit Alive
The Kroger-owned grocery chain King Soopers urged a Colorado federal judge Tuesday to preserve its lawsuit against a United Food and Commercial Workers local, saying the company can prove that the union is placing unlawful pressure on it to bargain with multiple locals at once.
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April 29, 2025
Unilever Care Products Not So 'Naturally Derived,' Suit Claims
Unilever and Conopco sell Love Beauty & Planet and Dove Men's product lines that falsely claim to contain 90% or higher natural ingredients when, in fact, they contain only around 80 to 85% naturally derived ingredients, according to a proposed class action filed in California federal court.
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April 29, 2025
Bessent Says EU Must Kill Digital Taxes For US Trade Deal
The U.S. government wants European countries to repeal digital service taxes before the European Union moves forward with trade negotiations, U.S. Treasury Secretary Scott Bessent said Tuesday.
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April 29, 2025
Fed. Circ. Backs TM Denial Of Dark Green Gloves As Generic
The Federal Circuit on Tuesday adopted a test for determining if trademarks are generic when considering claims on distinctive colors, affirming a trademark board precedent used to reject an Indonesian medical supply company's efforts to claim a trademark for dark green surgical gloves.
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April 29, 2025
Meta Looks To Delete User Antitrust Claims Over Pay For Data
Meta urged a California federal court Monday to end antitrust claims from consumers alleging they should be paid for their data, saying flawed expert theories that doomed class certification also sink the entire case for the remaining individual plaintiffs.
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April 29, 2025
Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes
Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.
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April 29, 2025
Five Federal Pot Law Cases Sent Back To DC Superior Court
A District of Columbia federal judge has remanded to the city's Superior Court five cases from cannabis companies challenging the city's regulations after granting the companies' motion to dismiss all federal claims from the cases.
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April 28, 2025
Nivea Maker Hit With False Ad Greenwashing Suit
The Nivea brand of products such as lotions, body creams, deodorants and cleansing wipes are falsely advertised as made predominantly of ingredients derived from natural products, like aloe or avocado oil, even though nearly all the ingredients are synthetic, according to a proposed class action filed in California federal court.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Levi's Biased Against Pregnant Exec, Jury Told At Trial's Start
Counsel for a former Levi Strauss executive suing for sex discrimination told a California federal jury Monday that her manager told the then-pregnant woman she lacked "work capacity" for a promotion, while Levi's lawyer said she merely "grew impatient" climbing the corporate ladder at a company where many mothers are leaders.
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April 28, 2025
Exec 'Can't Believe' X Offers Itself As Place For Friends
The Federal Trade Commission pressed executives and former leaders from X Corp., Strava, Pinterest and Reddit on Monday for all the things that distinguish their services from Meta Platforms Inc., painting Facebook and Instagram in D.C. federal court as effectively the only place to really connect with friends and family to show the social media giant's alleged monopoly.
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April 28, 2025
DOJ Wants Live Nation Case Split Between Liability, Damages
The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.
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April 28, 2025
Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale
A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
NC Judge Says 'Natural Dog' TM Confusion Fight Needs A Trial
A North Carolina federal judge denied a Tar Heel State pet store chain's bid for a pretrial win in a trademark infringement suit brought against it by Natural Dog Acquisitions LLC, ruling Monday that the case needs a jury trial to resolve certain questions of fact.
Expert Analysis
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.