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Food & Beverage
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October 22, 2025
Trade Court OKs $235K Tax Bill On Korean Soju Imports
South Korean alcoholic beverages were improperly classified upon entering the U.S., and U.S. Customs and Border Protection correctly calculated a nearly $235,000 bill in unpaid federal excise taxes plus interest, according to the U.S. Court of International Trade.
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October 22, 2025
Anheuser-Busch Accused Of Copying Distillery's Cocktail Cans
Philadelphia-based canned cocktail distillery Stateside Brands LLC has filed an infringement lawsuit against Anheuser-Busch, claiming the company mimicked its can logos and designs and slapped them on its own competing beverages.
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October 22, 2025
Seltzer-Maker Seeks Toss Of 'Impossible' Kratom Claims
Seltzer-maker Mitra-9 Brands LLC is urging a Washington state federal judge to throw out a proposed class action alleging that it hid the addictive qualities of the ingredient kratom from buyers, saying the named plaintiff's claims are "impossible" because he alleges buying the drinks before the company existed.
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October 22, 2025
NC Biz Court Bulletin: COVID Coverage, A Suspect Signature
The North Carolina Business Court has rounded the corner into fall with insurance disputes over COVID-19 coverage at a chain of outlet malls and the theft of over $900,000 in legal THC reportedly stolen from a warehouse in the Southwest.
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October 22, 2025
Naked Whey Sued Over Reports Of Lead In Protein Powder
A proposed class of consumers is suing Naked Whey Inc. in California federal court, alleging that it knew its products contained, or risked containing, dangerous heavy metals like lead, but advertised them as clean, tested and safe protein supplements.
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October 22, 2025
Arcade On Las Vegas Strip, Facing Eviction, Files Ch. 11
Las Vegas-based Electric Playhouse, a high-tech gaming and dining center inside the mall at the world-renowned Caesars Palace resort, filed for Chapter 11 bankruptcy protection in Nevada, facing a pending eviction and millions in unpaid claims from contractors.Â
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October 21, 2025
Kratom Drink Co. Wants 'Internally Inconsistent' Suit Tossed
It can't both be true that beverage maker Mitra-9 concealed from consumers the "addictive nature" of its kratom products and that, for decades, "Western Civilization" has known the substance is "highly addictive," the company told a New York federal court when urging for the dismissal of a proposed class action suit.
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October 21, 2025
Feds Sued Over 'Harmful' Grazing On Wash. National Forest
A trio of environmental groups urged a Washington federal judge to order the U.S. Forest Service to revisit a management plan adopted for the Colville National Forest, alleging the agency failed to confront a longstanding practice of allowing "excessive and harmful" cattle grazing.
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October 21, 2025
Fla. Jury Hits Target With $11.3M Verdict In Bad Fall Case
A Florida state jury has awarded about $11.4 million to a woman who suffered a badly fractured leg after she fell outside a Target store in an Orlando suburb, dwarfing the store's $250,000 pretrial settlement offer, plaintiff's counsel announced.
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October 21, 2025
UberEats Stole Pics From Nearly 2 Dozen Photogs, Suit Says
A group of nearly two dozen professional photographers slapped Uber with a copyright suit in Florida federal court Tuesday, claiming the company displayed their photos on the UberEats food delivery service platform without permission or compensation.
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October 21, 2025
Southern Glazer's Settles Online Alcohol Co. Antitrust Suit
Online alcohol marketplace Provi's lawsuit against major alcohol distributors is over after an Illinois federal judge entered judgment following the completion of a second settlement resolving claims that Southern Glazer's Wine and Spirits LLC conspired with Republic National Distributing Co. LLC to shut it out of the market.
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October 21, 2025
CORRECTED: Widower Wants Restaurant Sanctioned In Disney Allergy Death Suit
A widower suing Disney over his wife's food allergy death at a Walt Disney World restaurant asked a Florida court on Monday to sanction the restaurant, claiming it ambushed him with brand new evidence in the middle of depositions, after months of discovery had already been conducted.
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October 21, 2025
Fed. Circ. Upholds Coca-Cola Win In Drink Dispenser IP Case
The Federal Circuit on Tuesday backed a Georgia federal court's finding that Coca-Cola's Freestyle drink dispensers do not infringe a patent on a beverage machine that can recognize users and pour customized drinks.
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October 21, 2025
9th Circ. Urged To Revive 5-Hour Energy Price Bias Suit
Family-owned wholesalers have told the Ninth Circuit that a lower court added new requirements with its latest ruling rejecting allegations that the maker of 5-Hour Energy violated price discrimination law by providing Costco with disproportionate promotional support.
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October 21, 2025
Food Co. Strikes $4.7M Deal To End ERISA Tobacco Fee Suit
Food distributor Performance Food Group will pay $4.7 million to settle a proposed class action alleging it violated federal benefits law by charging tobacco users in its health plan an extra fee, according to a filing in Virginia federal court.
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October 20, 2025
Campbell's Hit With $17M Verdict In Store Rack Patent Case
An Illinois federal jury has returned a $17 million verdict against soup maker Campbell's in litigation over patents covering gravity-operated racks found in grocery aisles, according to a judgment docketed Monday.
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October 20, 2025
Chemical Co. To Tap Compliance Chief In Investor Suit Deal
Shareholders who sued Origin Materials leaders for allegedly concealing a three-year construction delay affecting a planned production facility have urged a California federal court to greenlight a nonmonetary settlement that would see the sustainable chemical manufacturer appoint a chief compliance officer, among other things.
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October 20, 2025
Mission Foods Says 2 Tortilla Cos. Ripped Off Its Branding
Mission Foods' parent company has filed a trademark infringement lawsuit in California federal court, accusing two companies in the Golden State and Texas of ripping off its Mission name and logo when selling tortillas online and through the messaging application WhatsApp.
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October 20, 2025
Emergency Tariffs Unlawfully Unprecedented, Justices Told
The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.
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October 20, 2025
Red States Back Alaska In High Court Fishing Regs Dispute
Twenty Republican-led states and leaders of the Arizona Legislature are backing Alaska in its U.S. Supreme Court bid to undo a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, telling the justices that there are detrimental consequences flowing from the appellate court's decision.
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October 20, 2025
Tristar Can't Escape Exploding Pressure Cooker Injury Suit
A Nebraska federal judge won't let Tristar Products Inc. out of a suit alleging it sold a defective pressure cooker that burned a user, finding the company can't compel arbitration or exclude her expert.
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October 17, 2025
California AG Sues Plastic Bag Makers Over Recycling Claims
California's attorney general on Friday sued three plastic bag manufacturers in state court for allegedly selling nonrecyclable plastic bags despite claiming to meet the Golden State's recyclability standards, but said four other producers agreed to stop sales in the state as part of a settlement resolving similar allegations.
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October 17, 2025
11th Circ. Ruling Could Unravel Strict ERISA Exhaustion Rule
A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under the Employee Retirement Income Security Act, attorneys say, given that two judges in a panel concurrence advocated for such action following en banc review.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
2 Deals Totaling $2.5M Advance In Meat Industry Wage Case
Two settlements can move forward in a suit brought by workers at red meat processing plants who alleged that Agri Beef Co., Indiana Packers Corp. and Washington Beef LLC engaged in a conspiracy to suppress wages, a Colorado federal judge ruled, finding the deals totaling $2.5 million are fair.
Expert Analysis
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Assessing Strategies For Mixed-Use Pro Sports Projects
Counsel managing mixed-use sports and entertainment districts must combine expertise ranging from stadium-arena finance to municipal law to public relations into a unified strategy, and a series of practice tips can aid project management from inception to completion, say attorneys at Katten.
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Biosolid Contaminants Spawn Litigation, Regulation Risks
While nutrient-rich biosolids — aka sewage sludge — can be an attractive fertilizer, pending legislation and litigation spurred by the risk of contamination with per- and polyfluoroalkyl substances and other pollutants should put stakeholders in this industry on guard, say attorneys at K&L Gates.
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Calif. Arbitration Fee Ruling Gives Employers Slight Leeway
The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Mitigating Employer Liability Risk Under Sex Assault Rule
The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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A Look At Robinson-Patman Enforcement In The MLM Industry
The Federal Trade Commission's recent focus on price discrimination in high-profile speeches and litigation suggests a renewed interest around Robinson-Patman Act enforcement, particularly in multilevel marketing, making it an apt time for direct sellers to audit their pricing, say Katrina Eash at Winston & Strawn and Juliet Belling Warren and Branko Jovanovic at Edgeworth Economics.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.