Category: U.S. Circuit Courts
-
DOJ Seeks to Stop Beer Merger
The U.S. Department of Justice (DOJ) has filed an antitrust lawsuit against Belgian brewer Anheuser-Busch InBev SA/NV (ABI) and Mexican brewer Grupo Modelo S.A.B. de C.V., seeking to enjoin ABI’s June 28, 2012, acquisition of Modelo. United States v. Anheuser Busch InBev SA/NV, No. 13-127 (D.D.C., filed January 31, 2013). DOJ contends that the $20.1 billion…
-
Insurance Company Disputes Obligation to Provide Diacetyl Damages or Defense
A company that issued Citrus and Allied Essences Ltd. a commercial umbrella insurance policy in 2006 and 2007 has filed suit in a New York state court seeking a declaration that it is not obligated to defend the food-flavoring company in suits by those alleging respiratory injury from diacetyl exposure or to pay damages. Cont’l…
-
NAACP New York Branch Joins Others to Oppose NYC Soft Drink Size Limits
The NAACP’s New York state branch and the Hispanic Federation have joined those arguing in court that New York City’s restrictions on the size of sugary beverages sold by certain vendors, such as corner stores and delis, should not take effect on March 12, 2013. During the January 23 hearing, opponents, including several City Council…
-
Lawsuits in Illinois and New Jersey Challenge Subway “Footlong” Claims
As consumers around the world have begun posting images online of their Subway “footlong” sandwiches with rulers showing that the restaurant’s offerings are actually 11 or 11.5 inches in length, several have taken their claims to court. Buren v. Doctor’s Assocs., Inc., No. 13 498 (N.D. Ill., filed January 22, 2013); Pendrak v. Subway Sandwich…
-
Red Bull Drinker Claims Product No Stronger Than Coffee
A New York resident has filed a putative nationwide class action against the company that makes Red Bull energy drinks, alleging that the product does not, as advertised, “give you wings,” that is, provide more benefit than a cup of coffee. Careathers v. Red Bull GMBH, No. 12-369 (S.D.N.Y., filed January 16, 2013). According to…
-
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…
-
Consumer Fraud Suit Against Honey Maker Dismissed with Prejudice
A federal court in California has dismissed statutory and common law claims filed in a putative class action against Sioux Honey Association Cooperative, alleging that the company falsely labels its Sue Bee Clover Honey® product as “honey,” despite removing the pollen from the product. Ross v. Sioux Honey Ass’n Coop., No. 12-1645 (N.D. Cal., decided…