Category: 7th Circuit
-
Panera Failed to Fix Data Breach, Lawsuit Alleges
Panera Bread Co. faces a putative class action alleging that a data breach exposed the personal data of thousands of customers to hackers, increasing their risk of fraud and identity theft. Boykin v. Panera Bread Co., No. 18-2461 (N.D. Ill., filed April 5, 2018). The complaint alleges that the company failed to protect the personally…
-
Court Denies Summary Judgment in Pizza Puff Trademark Dispute
A federal court in Illinois has denied summary judgment to both parties involved in a trademark dispute over the use of “pizza puffs,” finding that a reasonable jury could rule for either on the question of whether the term is generic. Illinois Tamale Co. v. El-Greg, Inc., No. 16-5387 (N.D. Ill., entered March 29, 2018).…
-
Seventh Circuit Dismisses Hacky Sack Suit Against Wendy’s
The U.S. Court of Appeals for the Seventh Circuit has ruled that the Guinness World Records holder for hacky sack kicks has no valid claims for false advertisement, false endorsement or right of publicity against Wendy’s International Inc., which distributed a hacky sack with a children’s meal and challenged children to break the plaintiff’s record.…
-
Flavoring Manufacturer’s Trade Secret Claim to Continue
An Illinois court has refused to dismiss Gold Medal Products Inc.’s lawsuit alleging that Bell Flavors and Fragrances Inc., with the help of a former Gold Medal employee, misappropriated trade secrets. Gold Medal Prods. Inc. v. Bell Flavors & Fragrances Inc., No. 17-4084 (N.D. Ill., entered March 2, 2018). Gold Medal alleged that its recipe…
-
Lawsuit Alleges Kombucha Drinks Falsely Advertise Probiotic Content
A consumer has filed a putative class action alleging that Brew Dr. Kombucha misleadingly advertises its products as containing “billions” of probiotic bacteria. Bazer v. Brew Dr. Kombucha, No. 2018-2943 (Ill. Chancery Ct., Cook Cty., filed March 5, 2018). The plaintiff asserts that he bought several bottles of kombucha in different flavors because he heard…
-
Court Dismisses Slack-Fill Suit Against Fannie May
An Illinois federal court has dismissed without prejudice a putative slack-fill class action against chocolatier Fannie May Confections Brands, Inc., ruling the plaintiffs provided only “bare-bones” factual allegations and failed to allege a violation of the Federal Food, Drug and Cosmetic Act that would allow their state law claims to avoid preemption. Benson v. Fannie…
-
EEOC Alleges Meat Processor Racially Discriminated
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging Chicago Meat Authority Inc. discriminated against African-Americans, resulting in multiple violations of U.S. civil rights statutes. U.S. Equal Opportunity Emp’t Comm’n v. Chicago Meat Authority, Inc., No. 18-1357 (N.D. Ill., filed February 22, 2018). EEOC alleges that the processor (i) failed to recruit…
-
Wisconsin Federal Court Dismisses Butter-Grading Lawsuit
A federal court has granted summary judgment to Wisconsin in an Ohio dairy’s lawsuit alleging a Wisconsin law requiring butter to be graded by the U. S. Department of Agriculture or a state-licensed grader violated the commerce, due process and equal protection clauses of the U.S. Constitution. Minerva Dairy, Inc. v. Brancel, No. 17-0299 (W.D. Wis.,…