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Food & Beverage
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June 10, 2025
Clerk's Role Means Antitrust Judge Must Recuse, Court Told
Pork producer defendants involved in a major pork price-fixing case continue to push for the recusal of a Minnesota federal judge because of his clerk's connections to plaintiff-side firms, arguing the plaintiffs are running from "indisputable facts."
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June 10, 2025
Judge Warns Attys Over Candor In Grubhub-Kroger TM Row
An Illinois federal judge on Monday admonished defense counsel in ongoing trademark litigation between Grubhub Inc. and The Kroger Co. after finding discrepancies in the Kroger attorney's representations of information Grubhub provided in a discovery response, reminding all lawyers involved of their duty of candor and adherence to professional conduct rules.
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June 10, 2025
Class Decertified In Hill's Prescription Pet Food Suit
An Illinois federal judge has decertified a class of pet food buyers alleging that Hill's Pet Nutrition Inc. misled them into thinking its "prescription" pet food was necessary medicine, saying a recent summary judgment renders the plaintiffs' damages model inadequate for certification.
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June 10, 2025
Atlanta Drag Bar Agrees To $50K Deal In Wage Suit
An Atlanta bar that provides drag show entertainment has agreed to pay $50,000 to end a performer's proposed collective action alleging it failed to pay minimum wage and overtime, and both parties urged a Georgia federal court to greenlight the deal.
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June 09, 2025
Del. Justices Reverse Chancery On Insider Trade Claims
Citing lower court errors, Delaware's Supreme Court revived on Monday two counts in a Court of Chancery suit alleging that Kraft Heinz Co. insiders with ties to a Brazilian controlling investor sold $1.2 billion worth of shares based on nonpublic information.
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June 09, 2025
Senate Confirms Gibson Dunn Partner For EPA's No. 2 Post
The U.S. Senate on Monday confirmed David Fotouhi, a partner at Gibson Dunn & Crutcher LLP, to serve in the U.S. Environmental Protection Agency's No. 2 post.
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June 09, 2025
3rd Circ. Rejects Ralph Lauren's COVID-19 Coverage Appeal
The Third Circuit on Monday rejected a consolidated appeal from Ralph Lauren Corp. and luggage retailers Tumi Inc. and Samsonite LLC over property insurance coverage for COVID-19-related losses, finding a New Jersey Supreme Court decision from January 2024 wholly settled the matter.
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June 09, 2025
Fruits, Veggies Supplement Label Isn't Deceiving, Judge Says
An Illinois consumer who says Balance of Nature misrepresents its dietary supplements' nutritional value cannot pursue legal claims over the assertion because he's reading too much into the product label, an Illinois federal judge said Monday.
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June 09, 2025
Smithfield Averts Trial In Last-Ditch Deal With NC Hog Supplier
A defunct hog supplier in North Carolina has settled its contract scuffle with Smithfield Foods Inc. just as the parties were primed to begin trial on Monday, putting to bed claims that Smithfield flouted their production agreement and forced the supplier out of business.
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June 09, 2025
Sam's Club Sued Over Botulism Death Linked To Potato Soup
Sam's Club West Inc. sold a 76-year-old woman some potato soup that was "tainted by botulism" and caused her to be hospitalized for almost a month before she ultimately died from her illness, according to a wrongful death suit the grocer removed to Colorado federal court.
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June 06, 2025
3rd Circ. Partially Undoes Chipotle's Change-Shorting Suit Win
The Third Circuit on Friday declined to fully undo Chipotle's win against a proposed class action that alleged it shortchanged customers during a COVID-19 pandemic coin shortage in 2020, reversing a lower court's determination that a Pennsylvania man waived a breach of contract claim by accepting his change without coins.
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June 06, 2025
Mich. Farm Labor Contractor Trafficked Workers, Jury Finds
A Michigan federal jury on Friday ruled that a migrant farmworker contractor engaged in forced labor, finding in favor of five farmworkers who said they were coerced into working long hours without pay.
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June 06, 2025
Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita
A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.
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June 06, 2025
NJ Milk Co. Says Pa. Regulations Violate Commerce Clause
A New Jersey dairy company on Friday called out two Pennsylvania laws for how they charge out-of-state milk dealers for doing business with producers in the Keystone State, arguing the statutes violate the commerce clause of the U.S. Constitution.
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June 06, 2025
Ore. Pot Regulators Say No Contract In Firing Suit
The Oregon Liquor and Cannabis Commission is urging a federal court to throw out a suit from its former deputy director alleging that the OLCC breached his employment agreement by firing him following a whiskey pocketing scandal, saying the state's Statute of Frauds voids the alleged employment agreement.
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June 06, 2025
NY Tribe Urges Supreme Court To Overturn Eel Fishing Ruling
A Long Island tribe is asking the U.S. Supreme Court to undo a Second Circuit ruling that rejected its challenge to New York's regulations on eel fishing harvests, arguing that if the decision is held, it would set a precedent allowing district courts to give up their gatekeeping roles on expert testimony.
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June 06, 2025
Kroger-Owned Grocery Escapes Baby Food Metal Claims
Harris Teeter escaped a proposed class action against parent Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, according to a Friday order.
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June 06, 2025
Frito-Lay Sun Chips Not 100% Whole Grain, False Ad Suit Says
Frito-Lay's brand of Sun Chips are deceptively labeled as containing "100% Whole Grain," despite the fact the products contain maltodextrin derived from corn, which is a highly refined grain stripped of important nutrients amid the refining process, alleges a proposed class action filed in California federal court.
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June 06, 2025
4th Circ. Stays Ruling Restoring Frozen Federal Grant Funding
A split Fourth Circuit panel has blocked a South Carolina federal judge's order directing the federal government to restore 32 congressionally funded grants that were frozen by the Trump administration, while casting doubt on nonprofits' and cities' legal challenge.
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June 05, 2025
USDA Sued Over Ending 600 Grants Via Flawed Form Letters
A group of environmental and food sustainability nonprofits hit the U.S. Department of Agriculture with a lawsuit in D.C. federal court Thursday, accusing the Trump administration of unconstitutionally exceeding its authority by abruptly rescinding nearly 600 grants via "minimally edited form letters" that had errors and lacked detailed explanations.
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June 05, 2025
Poultry Workers Get Final OK On $398M Wage-Fixing Deals
A Maryland federal judge granted final approval Thursday to settlements worth nearly $400 million for poultry processing workers who claimed that the nation's biggest chicken producers conspired to suppress their wages.
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June 05, 2025
Starbucks Can't Scotch $50M Verdict For Tea-Scorched Driver
A California judge has affirmed a jury verdict awarding $50 million to a gig economy driver who suffered a severely burned penis after scalding hot tea spilled in his lap due to a Starbucks worker's negligence, saying the verdict was not excessive given his "horrific injuries."
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June 05, 2025
Ga. Court Nixes 'Massive' $65M Punitive Award In Fraud Case
The Georgia Court of Appeals on Thursday struck down $65 million in punitive damages awarded to a doctor who was defrauded of his investments in a series of restaurants, ruling that the verdict was "grossly excessive" at more than 100 times the value of the compensatory damages awarded by a state court jury.
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June 05, 2025
Spice Co. Hid Lead Levels In Products, Suit Claims
Florida-based Badia Spices sold ground ginger and cinnamon with elevated levels of lead, according to a New York federal lawsuit that leans on laboratory testing conducted by state food safety regulators.
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June 05, 2025
Hooters Closes Locations As It Pursues Ch. 11 Franchise Shift
Bankrupt casual dining chain Hooters of America began shuttering dozens of restaurant locations throughout the United States Wednesday as it pursues a Chapter 11 restructuring that will see its plan disclosure statement up for approval next week.
Expert Analysis
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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Green Projects Face States' Foreign Land Ownership Limits
As states impose restrictions and disclosure requirements around foreign investment in agricultural land — in some cases piggybacking on existing federal rules — renewable energy developers and investors must pay close attention to how the rules vary, says Daniel Fanning at Husch Blackwell.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.