News & Analysis as of

Preliminary Injunctions Restaurant Industry

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court

Jackson Lewis P.C. on

New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. The new law was initially scheduled to go into effect July 12, 2023....more

Jackson Lewis P.C.

Fifth Circuit Reverses Denial of Preliminary Injunction to Invalidate DOL Tipped Dual Jobs Rule

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Fifth Circuit has reversed and remanded a district court’s denial of a motion to preliminarily enjoin the Dual Jobs Final Rule addressing when employers may take a tip credit under the Fair...more

Ervin Cohen & Jessup LLP

Court Puts FAST Act on Hold Pending Referendum

On January 13, 2023, Sacramento Superior Court Judge Shelleyanne Chang ruled that implementation of the Fast Food Accountability and Standards Recovery Act (“FAST Act”) should remain on hold pending the Secretary of State’s...more

Jackson Lewis P.C.

Preliminary Injunction GRANTED Against AB 257 Enforcement & Implementation

Jackson Lewis P.C. on

While the Secretary of State continued to count signatures to determine if a potential referendum challenging the FAST Recovery Act (AB 257) will make it on the ballot, the Sacramento Superior Court has issued a preliminary...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

Tucker Arensberg, P.C. on

A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

Ervin Cohen & Jessup LLP

Appeals Court Upholds Expired Outdoor Dining Ban

On March 1, 2021, the Court of Appeal, Second Appellate District ruled in favor of the Los Angeles County Department of Public Health (the “Department”) officials who halted outdoor dining in November 2020 during a spike in...more

Farella Braun + Martel LLP

Pandemic Restriction Challenges Face Uphill Battle in California

On Dec.16, 2020, in Midway Venture LLC v. County of San Diego, the San Diego Superior Court preliminarily enjoined enforcement of two COVID-19-related California public health restrictions as applied to two adult...more

Ervin Cohen & Jessup LLP

Judge Issues Preliminary Injunction Against Los Angeles County Outdoor Dining Ban

Ervin Cohen & Jessup LLP on

Judge James Chalfant has issued a preliminary injunction against Los Angeles County’s outdoor dining ban on the basis that the county acted arbitrarily and failed to perform the required risk-benefit analysis. The case was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Farrell Fritz, P.C.

Dissension Follows When Business Owners Don’t Put Their IP House in Order

Farrell Fritz, P.C. on

When you think about protecting a business firm’s intellectual property (IP), usually you think about protecting it from infringement by external actors. But there also are internal threats — even mortal ones — to the...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Tucker Arensberg, P.C.

Is Your Secret Recipe Still a Secret? How to Protect a Restaurant’s Signature Recipes

Tucker Arensberg, P.C. on

A customer walks out of a restaurant and exclaims to her date “that is the best _______ I have ever tried…nobody can make that dish the way this place does.” A restaurant’s signature appetizer, entrée, or drink often define...more

Foster Garvey PC

Please Don’t Pass the Salt (Labels): The Fight Over NYC’s Sodium Labeling Rule

Foster Garvey PC on

After surviving its first go-around in court, New York City’s attempt to require restaurateurs to add sodium warnings to their menus has hit a roadblock in the form of a temporary injunction....more

Kelley Drye & Warren LLP

Court Temporarily Tables Controversial NYC Salt Warning Rule

In September 2015, the New York City Board of Health unanimously passed a unique measure that would require chain restaurants to warn consumers about the sodium content of certain menu items. In particular, restaurants with...more

Patterson Belknap Webb & Tyler LLP

Sysco, US Foods Seek Disclosure of FTC Witness Identities

The Federal Trade Commission (FTC) went head-to-head last week with Sysco Corp. and US Foods Inc. over whether to make public the names of the declarants relied on by the FTC in its preliminary injunction to block Sysco and...more

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