Tag: Indiana
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Indiana Court Bars Defective Design Claims Against Diacetyl Manufacturer
An Indiana federal court has granted summary judgment to Givaudan Flavors Corp. on the issue of design defect, ending a lawsuit by 27 popcorn factory workers who alleged they suffered respiratory injuries after being exposed to the company’s diacetyl butter flavoring. Aregood v. Givaudan Flavors Corp., No. 14-0274 (S.D. Ind., entered October 18, 2017). Givaudan…
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Splenda® Manufacturer Files Trademark Suit Against Dunkin’ Donuts
Heartland Consumer Products, producer of sucralose-based sweetener Splenda®, has filed a lawsuit against Dunkin’ Brands, Inc. and its franchisees alleging the restaurant chain misleads its customers into believing it carries Splenda® while providing a different sweetener made in China. Heartland Consumer Prods. v. Dunkin’ Brands, Inc., No. 16-3045 (S.D. Ind., Indianapolis Div., filed November 7, 2016).…
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Seventh Circuit Upholds Indiana Cold-Beer Sales Ban
The Seventh Circuit Court of Appeals has upheld an Indiana law restricting the sale of cold packaged beer in convenience stores, pharmacies and groceries in incorporated towns, finding that the statute survives a rational-basis analysis. Petroleum Mktrs. & Convenience Stores Assoc v. Cook, No. 14-2559 (7th Cir., order entered December 14, 2014). The court found…
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Indiana Court Rejects Constitutional Challenge to Chilled Beer Sales Limit
An Indiana federal court has upheld a state statute that limits the sale of cold beer to package liquor stores, barring other beer sellers like convenience stores from selling beer cooler than room temperature. Ind. Petroleum Marketers & Convenience Store Ass’n v. Huskey, No. 13-784 (S.D. Ind., order entered June 16, 2014). Indiana law divides…
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Seventh Circuit Upholds Indiana Law Regulating Wine Deliveries via Motor Carrier
The Seventh Circuit Court of Appeals has turned aside a challenge to an Indiana law that prevents an alcoholic beverage retailer from shipping wine to its customers via motor carrier. Lebamoff Enters., Inc. v. Huskey, No. 11-1362 (7th Cir., decided January 17, 2012). The retailer claimed that the law was preempted by the Federal Aviation…