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Food & Beverage Litigation Update | September 2017 #3

FDA Announces Final FSMA Produce Safety Rule - The U.S. Food and Drug Administration (FDA) has announced that the produce safety rule of the Food Safety and Modernization Act of 2010 (FSMA) is now final, establishing...more

EVEN BAMBI IS A TRADE SECRET: Eastern District Of Texas Finds That Lineage and Genetic Information of Deer Are Trade Secrets,...

As surprising as it may be to city dwellers, the deer farming industry generates $3 billion per year for the U.S. economy. According to the North American Deer Farmers Association, “deer farming is one of the fastest growing...more

U.S. District Court in Florida Decertifies a Class of Haitian Blueberry Pickers Because Class Members Sought Individualized...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After certifying a class of Haitian blueberry pickers who asserted Title VII discrimination claims, Judge James Moody of the U.S. District Court for the Middle District of Florida issued a sua sponte order...more

Court Holds That There Was No Harm In Failing To Submit A Breach Of Fiduciary Duty Question To A Jury

by Winstead PC on

In Gengenbach v. Rodriguez, a defendant alleged a counterclaim for breach of fiduciary duty arising from a farming operation. No. 13-14-00711-CV, 2016 Tex. App. LEXIS 12289 (Tex. App.—Corpus Christi November 17, 2016, no pet....more

$18 Million Fine Levied for Campaign Finance Violation in Washington State

by Perkins Coie on

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

Food and Beverage News and Trends - October 2016 #2

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. WHO announces support for taxes on sugary drinks. The World Health...more

U.S. Court of Appeals Blocks New OSHA Fertilizer Rules Because of Improper Rulemaking

by Jackson Lewis P.C. on

The Occupational Safety and Health Administration failed to go through the proper rulemaking process before mandating retailers to implement new stricter storage standards for anhydrous ammonia fertilizer, the U.S. Court of...more

History Repeats Itself: The EEOC Scores Big Judgment Against Absent Party

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC obtains a multi-million dollar default judgment against an out-of-business company in a case alleging “human trafficking” discrimination claims....more

Ninth Circuit Denies Requests to Stay Use of Enlist Duo Herbicide During Judicial Review

by Bergeson & Campbell, P.C. on

On August 11, 2015, the U.S. Court of Appeals for the Ninth Circuit denied a motion for a stay pending review filed on December 18, 2014, by the Natural Resources Defense Council (NRDC), as well as a subsequent stay motion...more

N.C. Court Reminds Litigants of Need to Preserve "Status Quo" When Appealing Denial of Preliminary Injunction

by Womble Bond Dickinson on

Today, we're looking at Shoeheel Farms v. City of Laurinburg, COA14-1089 (August 4, 2015). The Court of Appeals dismissed as moot property owners' appeal of a trial court's decision denying a temporary restraining order and...more

Expanding Your View of Takings Law

by Nossaman LLP on

As an eminent domain attorney, when I think about a “takings” claim, I always think about a claim involving someone’s real property. Has the government trespassed onto private property, has it imposed regulations that deny...more

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

by Carlton Fields on

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

From Dusk to Dawn: Battle Looming Over USDA Changes to Sunset Provision of Organic Rules

The USDA is facing a lawsuit in federal court stemming from its decision to unilaterally alter the process for exempting synthetic and non-organic substances used in producing organic food. Until September 2013, substances...more

Vineyard's Attorney Fees Claim Turns Into Sour Grapes

by Hinshaw & Culbertson LLP on

In Belle Terre Ranch Inc. v. Wilson, 2015 DJDAR 506, the California Court of Appeal for the First Appellate District decided an agricultural trespass action involving an attorney fees claim....more

Food Litigation Newsletter - December 2014 #2

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Mott’s Defeats Class Certification in Apple Juice Labeling Fight ..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more

Food Litigation Newsletter - October 2014 #2

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Court rules that ‘Kosher’ suit poses religious question; dismisses with prejudice ..Settlement terms approved in stevia sweetener...more

House Passes Healthy Forests Bill That Would Amend ESA With Respect To Forest Reserve Projects

by Nossaman LLP on

On September 20, 2013, H.R. 1526, the Restoring Healthy Forests for Healthy Communities Act, was passed by the House of Representatives by a vote of 244-173. Shortly thereafter, the bill was referred to the Senate Committee...more

Food Litigation Newsletter - July 9, 2013

by Perkins Coie on

In This Issue: - Recent Significant Developments and Rulings ..Court Cites “Catalyst” Theory to Award Attorneys’ Fees for Label Changes ..Class Settlement Preliminarily Approved in Barbara’s Bakery “All Natural”...more

Organic Seed Growers & Trade Ass'n v. Monsanto Co. (Fed. Cir. 2013)

Somewhat lost in the hubbub over the Supreme Court's ruling in AMP v. Myriad was the Federal Circuit's decision, just a few days earlier, in Organic Seed Growers & Trade Ass'n v. Monsanto Co. That case is the latest windmill...more

Patent Watch: Organic Seed Growers & Trade Ass'n v. Monsanto Co.

by BakerHostetler on

"[Where the court relies on a patent holder's] representations to defeat [jurisdiction over the declaratory judgment claims], those representations are binding as a matter of judicial estoppel [even in the absence of a...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: The Equal Access to Justice Act - A valuable tool for...

by McAfee & Taft on

Many farmers are all too familiar with the Risk Management Agency’s (RMA) role in administering the federal crop insurance program. In addition to promulgating regulations, drafting policies, and issuing bulletins affecting...more

Animal Law Update

by Jonathan Schopf on

Animal Law Update article November 2010...more

Animal Law Update

by Jonathan Schopf on

Animal Law Update - August 2010...more

1976 of 2010 - Hemant Goswami vs. Union of India

Petition Against Introduction of GM Foods

by Hemant Goswami on

The petition reads, “The Ministry of Environment and Forestry issued a notification citing the provisions of Section 6, 8 and 25 of the ‘Environment (Protection) Act’ and brought into existence a Genetic Engineering Approval...more

Commonwealth of Pennsylvania, Department of Agriculture vs. Scott Fay, et al.

Answer to Petitioner Scott Fay's Petition for Contempt and Request For Injunctive Relief And Respondent Department of...

by David McKenzie on

Answer to Petitioner's petition for contempt against Department of Agriculture for alleged breach of a Settlement Agreement, which was made an Order of Court, with New Matter alleging four counts of contempt against...more

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