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Food & Beverage
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July 29, 2025
Hershey Tries To Sink Suit Over Spicy Chip Blamed For Death
The Hershey Company has asked a Massachusetts federal judge to dismiss a lawsuit brought by the family of a teen who died after participating in a viral social media trend dubbed the "One Chip Challenge," which involved consuming an extremely spicy tortilla chip, saying the product is legal and includes "prominent warning labels."
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July 29, 2025
USDA Seeks End To Pa. Suit Over $13M Food Aid Cut
The U.S. Department of Agriculture wants a federal judge to throw out a lawsuit filed by Pennsylvania's governor accusing the USDA of haphazardly cutting off $13 million in food aid that supports local farmers.
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July 29, 2025
Worker Caused Own Drunk Driving Death, Conn. Court Told
A woman who died in a drunk driving crash after an allegedly mandatory wine tasting event at the Connecticut restaurant where she worked is responsible for her own death because she drank too much and failed to obey traffic laws, the defendants in her estate's lawsuit said in their answer to the complaint.
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July 29, 2025
Jones Day Hires Former Pharma Co. Counsel In DC
Jones Day has hired a former Morgan Lewis & Bockius LLP partner, who has also worked in-house at two pharmaceutical companies and with the U.S. Drug Enforcement Administration, the firm announced Tuesday.
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July 29, 2025
Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds
A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.
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July 28, 2025
Smucker, Chubby Snacks End TM Spat Over Uncrustables
J.M. Smucker has settled its lawsuit accusing Chubby Snacks of misusing its Uncrustables trademarks and making disparaging comments about the signature sandwich while hyping up its own competing peanut butter and fruit spread product as a purportedly healthier option, according to an order signed Monday by an Ohio federal judge.
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July 28, 2025
Amazon Looks To Ax Claims Of Heavy Metals In Rice Products
Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."
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July 28, 2025
Splenda-Maker Says Emails Show NC Scientist Ignored Data
The makers of Splenda said new emails and documents unearthed in discovery for its defamation lawsuit against a scientist show that she ignored and manipulated experiment data to suggest that the artificial sweetener is dangerous for humans.
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July 28, 2025
Coca-Cola Looks To Drain '100% Natural Flavors' False Ad Suit
Coca-Cola urged a California federal judge to drain a proposed class action alleging it deceptively labels its Sprite sodas as made with "100% natural flavors" despite containing citric acid, arguing Friday the plaintiff doesn't plausibly allege the citric acid is artificial, and that her claims are preempted by federal law.
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July 28, 2025
Electrolux Range's Defect Led To Fire, Insurer Tells Court
Three Electrolux companies manufactured ranges with a foreseeable defect that allowed the products to unintentionally activate, a property insurer told a Connecticut federal court as it sought to recover the claim payout for a homeowner's kitchen fire.
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July 28, 2025
Cashier Says Cannabis Bakery Didn't Pay Overtime, Took Tips
A former cashier for an Illinois bakery that makes and sells cannabis products sued the bakery Monday, alleging it failed to pay proper overtime wages and distributed tips to managers in violation of state and federal law.
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
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July 28, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor聽last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.
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July 25, 2025
Coffee Co. Says Tech Firm Brewed Trademark Conflict
A coffee roaster is accusing a coffee-focused tech firm of wrongly obtaining a trademark registration for the phrase "meet the farmer" and waging an anticompetitive campaign to damage the roaster over its use of the phrase.
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July 25, 2025
4th Circ. Revives Kraft Heinz Suit Over Safety Complaints
The Fourth Circuit on Friday overturned a win for Kraft Heinz Inc. in a suit by a former worker at a meatpacking plant who alleged that he'd been fired for reporting safety issues, saying the district court wrongly concluded that a separate disciplinary investigation was the sole reason he was terminated.
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July 25, 2025
Calif. Air Board Faces New Suit Over Carbon Fuel Standard
Environmental and public interest groups hit the California Air Resources Board with another lawsuit in Golden State court Friday, alleging that the state's recent amendments to the Low Carbon Fuel Standard will have the perverse effect of incentivizing large-scale factory farms, which pose significant environmental and public health risks.
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July 25, 2025
9th Circ.: Gila River Tribe-Farmer Water Fight Not Over
The Ninth Circuit has ruled a federal judge prematurely sided with the Gila River Indian Community in a water rights dispute, finding future fact-finding is needed before ordering Arizona farmers to shut off wells that allegedly draw water from the river.
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July 25, 2025
Fluoride Fans Tell 9th Circ. To Preserve Drinking Water Use
A pro-fluoride group is supporting the U.S. Environmental Protection Agency's fight to overturn a California federal judge's ruling that current limits on the chemical in drinking water aren't protective enough.
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July 25, 2025
3rd Circ. Won't Review $3.2M Wawa Breach Fee Award
The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.
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July 25, 2025
Minnesota Regulators Sue Retailer Over Cannabinoid Wares
Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.
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July 25, 2025
Texas Farmer Not Owed For Border Wall Costs, 5th Circ. Says
A Texas farmer isn't owed compensation for a portion of the U.S.-Mexico border wall that the government built on her land in 2008, the Fifth Circuit ruled Thursday.
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July 25, 2025
Jurisdiction Issue Leads To USAID Shutdown Suit's Dismissal
A Washington, D.C., federal judge dismissed a suit Friday by a union and other groups seeking to stop the dismantling of the U.S. Agency for International Development and denied a contractor association an order blocking the same, saying their claims belong before expert agencies rather than a district court.
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July 25, 2025
Wash. Judge Tosses Costco Customer's Online Upcharge Suit
A Washington state judge has thrown out a consumer's proposed class action accusing Costco of hidden markups on online purchases, saying Friday that the warehouse retailer's website is "extremely clear" that grocery prices are higher than they are in-store to cover packing and fulfillment costs.
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July 25, 2025
Ex-Whataburger Worker Drops 5th Circ. Appeal In 401(k) Suit
A former employee of Whataburger dropped his Fifth Circuit bid to revive a proposed class action alleging mismanagement of an employee 401(k) plan Friday following a Texas federal court's decision tossing the case in November.
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July 25, 2025
Historic Conn. Soda Co., Ex-President Settle Unfair Lease Suit
The former president of a century-old Connecticut soft drink company has agreed to settle a lawsuit he filed in state court after he became a minority owner in the company following purchases of company stock by family members.
Expert Analysis
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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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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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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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 鈥 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.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law 鈥 including design patent obviousness, expert testimony admissions and patent term adjustments 鈥 all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.