In Hybrid Promotions LLC v. Federal Insurance Co., the Ninth Circuit Court of Appeals determined that an advertising liability policy issued to Hybrid did not apply to an advertising “arrangement” created by Walmart’s...more
Timothy Hidalgo sued the Amateur Athletic Union of the United States Inc. (AAU) on behalf of a purported class for damages emanating from a data breach suffered by the AAU. The court granted the AAU’s motion to compel...more
Vimeo Inc. sought to compel arbitration of putative class claims brought by Bradley Acaley relating to the use of Magisto, a video creation app. Acaley claimed that the app’s use of face-geometry scan technology violated the...more
All three defendants were non-signatories to the underlying contract containing the arbitration agreement they sought to enforce. They each contended that they were entitled to enforce the arbitration agreement, despite their...more
Processor licenses -
All the licensing states provide for a processor license. Alaska, California, Colorado, Maine, and Massachusetts refer to them as "manufacturers." Michigan, Oregon, and Washington refer to them as...more
The District Court of Puerto Rico upheld a prior judgment ordering Integrand Assurance Co. to arbitrate its claims against its various reinsurers, rather than remand the case to the court overseeing Integrand’s receivership,...more
Judge Robert Scola refused to apply the primary jurisdiction doctrine to stay a class action based on the alleged misrepresentation of the amount of CBD in products sold by Diamond CBD, diverging from Judge Ursula Ungaro’s...more
5/6/2020
/ Article III ,
Cannabis Products ,
Class Action ,
Express Warranty ,
FDUTPA ,
Food and Drug Administration (FDA) ,
Injury-in-Fact ,
Misrepresentation ,
Motion To Stay ,
Plant Based Products ,
Primary Jurisdiction Doctrine ,
Retail Market ,
Standing ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
As one would expect, all licensing states require retailers to be licensed. Retail licenses expire and must be renewed annually in all licensing states except Illinois. Retail licenses in Illinois expire on March 31 of...more
The Eighth Circuit Court of Appeals recently decided a case, Russell v. Liberty Insurance Underwriters Inc., involving a dispute between the co-owners of a business and the widow of their deceased former partner....more
The Northern District of Texas has confirmed an arbitration award for Wells Fargo against Energy Product Co. and Energy Transport and Logistic LLC. Neither Energy Product nor Energy Transport participated in the arbitration...more
The Federal Reserve has unveiled its $600 billion Main Street lending effort for businesses with up to 10,000 employees and up to $2.5 billion in 2019 annual revenue....more
Contaminants injurious to health
All licensing states regulate the presence of contaminants injurious to health in marijuana products.
Illinois requires the Department of Agriculture to establish standards for microbial,...more
4/10/2020
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Dietary Supplements ,
Marijuana ,
Marijuana Related Businesses ,
Marketing ,
Medical Foods ,
Plant Based Products ,
Product Labels ,
Regulatory Oversight ,
Retail Market
This article includes provisions that apply specifically to cultivation licenses.
Common Provisions -
Cultivators must obtain a cultivation license -
All licensing states require cultivators to obtain a license from the...more
Big Port Service DMCC and China Shipping Container Lines Co. Ltd. (CSCL) litigated in Singapore a dispute regarding a supply of marine fuel oil for a CSCL vessel. CSCL subsequently filed suit in the Southern District of New...more
In times of emergency, the functions of different levels of government can often become cloudy. Figuring out which governmental unit has the authority to take a particular action can be confusing at such times. While this...more
3/26/2020
/ Ad Valorem Tax ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Florida ,
Government Agencies ,
Implied Authority ,
Jurisdiction ,
Leadership ,
Municipalities ,
Oversight Duties ,
State and Local Government
An arbitration award rendered pursuant to section 301 of the Labor Management Relations Act (LMRA) was overturned upon a finding that the award was “grossly excessive” and based on an “evident material miscalculation.” ...more
This category includes provisions that relate to the licensing process generally as well as those provisions that apply to all types of licenses each state issues. Statutory provisions covered by this category include those...more
The former employees of a waste management company sued their former employer for violations of various federal and state labor laws. The company sought to compel arbitration and dismiss the complaint, relying on an...more
2/21/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Interpretation ,
Employment Litigation ,
Federal Labor Laws ,
Former Employee ,
Labor Law Violations ,
Mandatory Arbitration ,
Motion to Compel ,
State Labor Laws ,
Threshold Requirements ,
Unions
Adult-use marijuana has arrived in America. Eleven states and the District of Columbia have legalized the use of marijuana by adults without a prescription. While the legalization movement began in the American West, two of...more
2/20/2020
/ Agribusiness ,
Cannabis Products ,
Decriminalization of Marijuana ,
Dispensaries ,
Farms ,
Legislative Agendas ,
Licensing Rules ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Foods ,
Plant Based Products ,
Proposed Legislation ,
Recreational Use ,
Regulatory Oversight ,
Retailers ,
State and Local Government
This category includes provisions related to the creation or designation of a regulatory body to oversee the adult-use marijuana industry and the regulator's powers. Statutory provisions related to the following topics are...more
2/19/2020
/ Agribusiness ,
Cannabis-Related Businesses (CRBs) ,
Decriminalization of Marijuana ,
Dispensaries ,
Environmental Policies ,
Licensing Rules ,
Marijuana ,
Marijuana Related Businesses ,
Medical Foods ,
Plant Based Products ,
Policies and Procedures ,
Recordkeeping Requirements ,
Recreational Use ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government
The Eighth Circuit reversed a district court decision vacating an arbitration award relating to a federal crop insurance policy issued through a standard reinsurance agreement with the Federal Crop Insurance Corp. (FCIC). The...more
1/29/2020
/ Abuse of Power ,
Arbitration ,
Arbitration Award Challenges ,
Arbitration Awards ,
Consumer Insurance Products ,
Crop Insurance ,
Farms ,
Insurance Claims ,
Insurance Litigation ,
Insurance Regulations ,
Policy Terms ,
Reinsurance ,
Reinsurance Agreements ,
Reversal ,
Vacated
A class action lawsuit alleging that Green Roads of Florida LLC misrepresented the amount of CBD contained in various products has been stayed pursuant to the primary jurisdiction doctrine because the plaintiffs’ claims...more
1/8/2020
/ Article III ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
E-Commerce ,
Food and Drug Administration (FDA) ,
Injunctive Relief ,
Injury-in-Fact ,
Internet Retailers ,
Marijuana ,
Medical Foods ,
Misrepresentation ,
Plant Based Products ,
Primary Jurisdiction Doctrine ,
Product Labels ,
Purchase Price ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Retail Market ,
Retailers ,
Standing
Markmidco S.àr.l., a Luxembourg company, sold to Zeta Interactive Corp. its interest in a customer relationship management business consisting of several companies that provided to retailers email and text message marketing,...more
The case involved a dispute over an automobile equipment supply contract. The parties’ disagreement was arbitrated, and the prevailing party filed in federal court for confirmation of the award. The supplier, after losing the...more
11/25/2019
/ Arbitration ,
Arbitration Awards ,
Contract Disputes ,
Excusable Neglect ,
Manifest Disregard ,
Motion to Set Aside the Verdict ,
Motion to Vacate ,
Neglect ,
Statute of Limitations ,
Suppliers ,
Supply Contracts
The Fifth Circuit affirmed the confirmation of an arbitration ruling in favor of Ameriprise Financial Services Inc. In 2015, Ameriprise sought a temporary restraining order against Jeremy Walker, a former employee of an...more
11/18/2019
/ Abuse of Power ,
Ameriprise Financial ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Attorney's Fees ,
Compensatory Damages ,
Confidential Information ,
Contract Terms ,
Customer Information ,
Customer Privacy ,
Evidence ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
FINRA Hearing Panel ,
Former Employee ,
Injunctive Relief ,
Motion to Dismiss ,
Motion To Enjoin ,
Restraining Orders ,
Testimony ,
Vacatur