Category: 5th Circuit
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Longneck Beer Bottles Not Unreasonably Dangerous in Texas Bars
A Texas appeals court has dismissed product liability and negligence claims filed by a woman injured when she was struck twice in the face with a longneck beer bottle during a birthday celebration at a bar known for its violence. Gann v. Anheuser-Busch, Inc., No. 08-00017 (Tex. App., 8th Dist., July 25, 2012). Affirming the…
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Whole Foods Claims Lack of Control over Retail Stores in Motion to Quash Skinny Girls Subpoena
According to a news source, Whole Foods Market Inc. is seeking to stop its deposition in consumer fraud litigation filed against Skinny Girl Cocktails LLC, arguing that it does not own or operate Whole Foods retail stores nor does it “decide which suppliers, food brokers or distributors are to be used by Whole Foods Market…
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New Lawsuits Filed: Cochineal Extract in Starbucks Products, Salmonella in Pet Food and Eggs, Frito-Lay Challenge to Order for Production of Employment Data
A California resident has filed a putative class action against Starbucks Corp. alleging that the company deceived consumers by failing to disclose that some of its products were made with cochineal extract, a common food-coloring ingredient made from crushed insects. Anderson v. Starbucks Corp., No. BC485438 (Cal. Super. Ct., Los Angeles Cty., filed May 25, 2012). Seeking…
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Patent/Trademark Infringement Suit Takes Aim at Grape Tomatoes
A Texas-based tomato producer has sued a Canadian company in federal court alleging that its packaging and label for grape tomatoes infringes the Nature Sweet Cherubs™ patents, issued in 2010 and 2011, and trademarks, in use since 2007. NatureSweet, Ltd. v. Mastonardi Produce Ltd., No. 12-1424 (N.D. Tex., filed May 8, 2012). According to the…
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Trademark Infringement Alleged over Pistol-Shaped Bottle for Adult Beverages
The Mexican owner of U.S. and Mexican trademarks for an “automatic pistol-shaped bottle design . . . used in connection with alcoholic beverages, with the exception of beers” and its exclusive U.S. distributor have filed trademark infringement claims against the company that sells, markets and imports into the United States Eagle Shot Tequila® in a…
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Employer Settles ADA Claim Filed on Behalf of Obese Woman
According to the U.S. Equal Employment Opportunity Commission (EEOC), the owner and operator of a long-term residential treatment facility for chemically dependent women and their children has agreed to pay $125,000 to the estate of an employee allegedly terminated from her position because she was severely obese. EEOC v. Res. for Human Dev., Inc., No.…
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Texas Federal Court Refuses to Dismiss TOSTITOS SCOOPS!® Infringement Suit
A federal court in Texas has determined that a trademark and patent infringement lawsuit involving Frito-Lay North America’s corn chip products can be maintained in the Eastern District of Texas because it has jurisdiction over the defendants and the defendants failed to show that it was “clearly more convenient” to litigate the matter in Arkansas.…
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Donning and Doffing Class Certified; U.S. Supreme Court Declines to Review Compensation Ruling
A federal court in Arkansas has reportedly certified a class of poultry-processing plant workers who allege that the company has violated federal and state employment laws by failing to compensate them for the time they spend donning, doffing and sanitizing required gear and equipment, as well as walking to and from the production floor and…