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Food & Beverage
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September 15, 2025
Steakhouse Servers Say Conn. Judge Did Defense's Job
Counsel for a class of servers at a steakhouse at the Foxwoods Resort Casino in Connecticut made good on his promise to seek recusal or disqualification of the judge slated to oversee an upcoming trial, arguing in a motion Friday that Superior Court Judge Elizabeth J. Stewart had improperly made part of the defense's case for it.
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September 15, 2025
Stop & Shop Says Too Late To Swap Plaintiff In Wipes Suit
Stop & Shop on Monday urged a Massachusetts federal court to deny a bid to substitute new plaintiffs in a suit alleging its flushable wipes are not flushable as advertised, saying the plaintiff hasn't shown good cause for the change 14 months after the amendment deadline.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
Cookie Buyers Can't Get Certified In Mistranslated Label Suit
A California federal judge on Monday denied certification to a proposed class of cookie buyers alleging that tree nuts were omitted from the English label of imported Japanese cookies, saying individualized questions about which consumers read, relied on and were injured by the mistranslation would predominate.
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September 12, 2025
Albertsons Loses Bid For Docs On Kroger CEO's Exit
The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.
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September 12, 2025
Tootsie Roll Sues Rival Candy Seller Over 'Tootsi' Mark
Confectionery giant Tootsie Roll Industries filed a trademark infringement suit in Illinois federal court Thursday against Tootsi Impex for using a confusingly similar name, Tootsi, to sell competing candy products, more than 20 years after it opposed the defendant's design mark application to use the name in Canada. Â
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September 12, 2025
DOJ Says It Rejected Info-Sharing In Wayne-Sanderson Talks
The U.S. Department of Justice sought to show a Maryland federal judge a key document from its settlement talks with Wayne-Sanderson Farms, arguing it underscores that the poultry producer wanted to keep sharing wage information, only for the company to be told no.
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September 12, 2025
DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight
The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.
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September 12, 2025
John Deere Rival Won't Get Redo On Safeguards In FTC Case
An Illinois federal court on Thursday refused a bid from a Deere & Co. competitor asking for reconsideration of an order denying a bid to block the distribution of confidential information produced during the Federal Trade Commission's right-to-repair investigation into the farming equipment company.
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September 12, 2025
Snoop Dogg's Ice Cream Brand Battles 'Swizzle' TM Claim
Rapper Snoop Dogg's ice cream brand is seeking a Connecticut federal judge's help to dodge a claim that its use of the word "Swizzle" is an act of trademark infringement, asking for the court to declare that Edible Arrangements is illegally trying to create a monopoly.
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September 12, 2025
4 Companies Led By 5 Firms Ride IPO Wave, Raising $1.9B
Four companies across wide-ranging industries — including an engineering firm, a transportation tech startup, a cryptocurrency exchange and a coffee chain — began trading Friday after raising a cumulative roughly $1.9 billion in their initial public offerings, capping off the year's busiest week for new listings.
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September 12, 2025
Chem Industry's Goals For Toxic Substance Law Face Hurdles
The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.
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September 12, 2025
Entertainment Center Escapes Suit Over 'Freakish' Collision
A Florida appeals court on Friday tossed a suit accusing an entertainment center of causing a customer to get hit by a truck outside the venue after an event, saying criminal behavior by the truck's passenger, which led to a "freakish and improbable chain of events," could not have been foreseen.
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September 12, 2025
Cos. Ask Conn. Court To Pause Trial For Steakhouse Workers
An upcoming trial over unpaid wages against a steakhouse at the Foxwoods Resort Casino in Connecticut should be put on hold after the attorney representing a class of tipped servers accused a judge of bias, a group of companies told a state court.
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September 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.
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September 11, 2025
6th Circ. Says Papa John's Founder's Ex-PR Can't Arbitrate
The Sixth Circuit ruled Wednesday that a marketing agency Papa John's founder and former CEO accused of leaking comments that led to his resignation from the pizza company's board cannot ship his lawsuit to arbitration, saying in a published opinion that the agency had defaulted on its arbitration rights.
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September 11, 2025
6th Circ. Backs Toss Of Suit Over Alleged Jif Contamination
A Sixth Circuit panel affirmed a lower court win for J.M. Smucker Co. on Wednesday, saying customers in a proposed class action over a Jif peanut butter recall lacked proof that their specific items were contaminated with salmonella bacteria.
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September 11, 2025
McDonald's Loses Bid To Force Insurer To Cover Legal Fees
An Illinois federal judge ruled Wednesday that Homeland Insurance Co. of New York doesn't have to cover the costs McDonald's incurred defending a former employee's violent workplace claims, saying the psychological harm that worker suffered doesn't amount to a physical, bodily injury that would have triggered coverage under the policy.
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September 11, 2025
Fed. Circ. Lets Ruling On Canada's Cherry Patent Stand
The Federal Circuit on Thursday declined a request by a group of cherry growers to reinstate a court order that a patent covering the Staccato cherry variety owned by the Canadian government was invalid, saying a district judge had not acted improperly by reversing the order.
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September 11, 2025
Ex-Mars Risk Exec Cops To Wire Fraud In $28M Fraud Case
Mars Inc.'s former risk executive copped to wire fraud and tax evasion in Connecticut federal court Thursday over a scheme where he bilked the company out of more than $28 million by diverting funds from Mars assets to an account of a shell entity he created, and billing Mars for phony services.
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September 11, 2025
NYC Council Overrides Mayor's Vetoes On Workers' Pay
The New York City Council overrode Mayor Eric Adams' veto of two bills that establish a minimum pay for grocery delivery drivers and roll out protections for delivery drivers, putting the legislation back on track.
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September 11, 2025
Calif. Panel Frees Walmart From Fatal Big Rig Crash Suit
A California appeals panel won't revive a woman's claims against Walmart Inc. and one of its suppliers over the death of her daughter in a collision with a delivery truck, finding her claims are preempted by the Federal Aviation Administration Authorization Act.
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September 10, 2025
ADM Blasts Investors' 'Fishing Expedition' In Nutrition Biz Suit
Investors accusing Archer-Daniels-Midland Co. of illegally misrepresenting its nutrition segment's profitability are engaging in a "fishing expedition" by requesting every document it produced for federal investigation and should be ordered to negotiate search terms for relevant records, the company argued Wednesday.
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September 10, 2025
Fed. Circ. Won't Revisit Double-Patenting, Soda TM Appeals
The Federal Circuit on Wednesday declined to revisit its decisions in a trio of intellectual property cases, including one where it upheld an Acadia Pharmaceuticals Parkinson's disease drug patent and addressed double-patenting, and another deeming "Kist" and "Sunkist" soft drink marks confusingly similar.
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September 10, 2025
'Frustrated' Atty Accuses Judge Of Bias In Conn. Wage Suit
An exasperated attorney representing a class of Connecticut steakhouse servers accused a state court judge of improperly restricting the damages, calling her incompetent to preside over the case and putting on a display of courtroom conduct Wednesday that the judge said she had never witnessed before.
Expert Analysis
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DOJ Consumer Branch's End Leaves FDA Litigation Questions
With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.