Category: 7th Circuit
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Former Steakhouse Server Seeks to Revive Collective Wage-and-Hour Claims
A woman who formerly worked as a LongHorn Steakhouse server has asked a federal court for permission to modify her motion for a collective action under the Fair Labor Standards Act following the court’s denial of her motion in December 2012 on the ground that she lacked personal knowledge as to practices at the company’s…
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Court Dismisses Claims That Food Supplements Contain Undisclosed Pork Byproducts
A federal court in Illinois has dismissed a putative class action filed against a nutritional supplement company by a Muslim woman who alleged that the company misled consumers by failing to disclose that some of its products contain an animal-based product. Lateef v. Pharmavite LLC, No. 12-5611 (N.D. Ill., decided October 24, 2012). The court…
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Class Claims Bottled Water Is Not Natural Spring Water
Nestlé Waters North America (NWNA) has removed to federal court a putative class action alleging that the company failed to disclose that its Ice Mountain® 5-gallon bottles are not 100 percent natural spring water, “but are actually resold water sourced from municipal water systems.” The Chicago Faucet Shoppe, Inc. v. NWNA, Inc., No. 12-8119 (N.D. Ill.,…
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Insurance Cos. Seek Declaration of No Duty to Defend Four Loko® Lawsuits
Two commercial liability insurance companies have filed a complaint against Phusion Projects Inc., the company that makes Four Loko®, an alcoholic beverage containing stimulants such as caffeine, guarana and taurine, seeking a declaration that “they do not owe a duty to defend or indemnify” the company in personal injury and wrongful death actions filed against…
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Seventh Circuit Rules Franchisee Need Not Adopt New Pricing Policy for Now
The Seventh Circuit Court of Appeals has determined that a Steak ‘n Shake franchisee in Illinois was entitled to a preliminary injunction to stop the implementation of a new Steak ‘n Shake policy for menu pricing and promotions. Stuller, Inc. v. Steak N Shake Enters., Inc., No. 11-2656 (7th Cir., decided August 24, 2012). The franchisee,…
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New Claims Filed: Medical Monitoring Sought for Animals from Pet Food Co., Foie Gras Ban Challenged, Trade Secret Dispute over Beer Bottle Design, Challenge to “Guiltless” Alcohol Beverage Trademark
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the…
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Court Rulings: Damages Apportioned Along Supply Chain in E. Coli Litigation, Taco Bell Cleared of Unauthorized Text Message Claims, “Heart Attack” and “Bypass” Sandwich Dispute Resolved, False Ad Suit over Muscle Milk® to Proceed, Skinny Girl Margarita® “All Natural” Claims Survive Motion to Dismiss, Conditions Imposed on Pesticide Spraying
The Wisconsin Supreme Court has decided which of the parties sued over an E. coli outbreak that sickened dozens of Sizzler Steak House patrons in 2000 and caused the death of a 3-year-old are liable for consequential damages, indemnity and costs under various supply chain and insurance contracts. Kriefall v. Sizzler USA Franchise, Inc., Nos. 2009AP1212 &…
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Lawsuits Concluded: No Trademark for “Texas Toast,” No Class Claims for Joe’s Crab Shack Employees, No Racial Discrimination Class Claims Against McDonald’s, No Wrongful Death Suit Against Dole Food, No Antitrust Action Against Whole Foods
The Sixth Circuit Court of Appeals has determined that the Roskam Baking Co. did not infringe a trademark by using the term “Texas Toast” in selling its packaged croutons. T. Marzetti Co. v. Roskam Baking Co., No. 10-3784 (6th Cir., decided May 25, 2012). Marzetti apparently began using the Texas Toast mark for its frozen garlic…