Category: Firm News
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Shook Attorneys Explore Limits on Photography During FDA Inspections
Shook Partners Lindsey Heinz and Katie Gates Calderon, with Associate Hillary Nicholas, have authored an article for Law360 discussing regulations related to the use of photography during a U.S. Food and Drug Administration (FDA) inspection of a production facility. “Despite the void of statutory authority, the FDA continues to instruct its inspectors to ‘not request…
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Shook Attorneys Review “Regulatory Standoff” on Plant-Based Milks for Law360
As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and Lindsey Heinz, with Associate Elizabeth Fessler, explain the debate in “Dairy Vs. Plant-Based ‘Milks’: A Regulatory Standoff.” While Canada and the EU have…
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Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired
Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs alleging that the companies’ failure to design websites that work with adaptive screen-reading software violates the Americans with Disabilities Act (ADA). In “Because of ‘Winn-Dixie’?: Uncertainty over ADA’s Applicability to Websites Deepens,” Shook Partner Frank Cruz-Alvarez…
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Silverman Analyzes Increase in “Shake the Box” Lawsuits for Law360
Shook, Hardy & Bacon Partner Cary Silverman explains in an April 17, 2017, Law360 article that a six-fold growth in slack-fill lawsuits stems from a “precise template” developed by plaintiffs’ lawyers seeking to pressure companies into outofcourt settlements. “I call them ‘shake the box’ lawsuits,” reports Silverman. “If you can hear the product shake, you’ve…
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Shook Partner Arbitrates $32-Million Dispute over Pineapple Seeds
Shook Partner Bert Ocariz served as an arbitrator in a dispute between Fresh Del Monte Produce Inc. and Inversiones y Procesadora Tropical SA that concluded with an award of $32 million to Del Monte. Del Monte Int’l GmbH v. Inversiones y Procesadora Tropical SA, No. 20097/RD (Int’l Chamber of Commerce). Del Monte argued that the…
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Cruz-Alvarez, Canfield Analyze SCOTUS Ruling in Tyson Foods, Inc. v. Bouaphakeo
“The U.S. Supreme Court recently deviated from its historically stringent view on class certification and affirmed an Eighth Circuit decision to uphold certification of a class of Tyson Foods, Inc. employees who brought suit against Tyson for a violation of the Fair Labor Standards Act of 1938 (FLSA),” Shook Miami attorneys Frank Cruz-Alvarez and Rachel…
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Category Liability Doctrine Bars Certain Design Defect Claims, Schwartz and Silverman Explain
In the law of product liability, lawyers representing manufacturers have underutilized the broad prohibition on “category liability.” Shook Public Policy Partners Victor Schwartz and Cary Silverman explain this doctrine and show how a Mississippi trial court judge applied it to dismiss design defect claims against respirator manufacturers in a Bloomberg BNA Product Safety & Liability…
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Shook Attorneys Obtain Dismissal for Multivitamin Manufacturer
A Missouri federal court has granted a motion to dismiss a lawsuit against Source Naturals, Inc., maker of Life Force® multivitamins, alleging the company misrepresented the amount of vitamins and nutrients in the product on the label. Dougherty v. Source Naturals, Inc., No. 15-0574 (E.D. Mo., order entered December 8, 2015). The plaintiff argued her…