Tag: Texas
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Texas Appeals Court Dismisses Mushroom Distributor’s Malpractice Action
A Texas Court of Appeals has affirmed a lower court’s grant of the defendants’ summary judgment motion in a legal malpractice action brought by a mushroom distributor, finding that he failed to prove lost profits as to his negligence claim and filed his breach of fiduciary duty claim too late under the applicable statute of…
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Putative Class Alleges Whole Foods Products Contain GM Ingredients
Texas and California residents have filed a putative class action against Whole Foods Market Services, Inc. in a Texas federal court, alleging that the company’s private label lines include falsely labeled additive-laden and genetically modified (GM) foods, despite promises that its products contain “nothing artificial” and that it enforces “strict quality standards.” Gedalia v. Whole…
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Texas Ice Cream Business Brings Trademark Infringement Case Against Amy’s Kitchen
Austin-based Amy’s Ice Creams has reportedly filed a trademark infringement lawsuit in a federal district court against Amy’s Kitchen, which makes frozen lunch and dinner entrées with organic and non-genetically modified ingredients. While the two companies have apparently co existed without difficulty for more than 20 years, Amy’s Ice Creams, now with 15 shops throughout…
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SHB Public Policy Group Spearheads Victory in Texas Supreme Court on Damages in Pet Injury Cases
SHB’s Public Policy Group recently contributed to a favorable outcome for animal medicine manufacturers in the Supreme Court of Texas, which ruled in Strickland v. Medlen that emotion-based damages, including loss of companionship and sentimental damages, are not permitted in pet injury claims in Texas. Presenting on behalf of amici during oral argument, SHB Partner Victor Schwartz…
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Federal Jury Finds No Infringement in Tortilla Chip Dispute
According to news sources, a federal jury in Texas has determined that Ralcorp Holdings, which makes bowl-shaped tortilla chips sold as store brands, did not violate trademarks or infringe patents on an allegedly similar product made by Frito-Lay and sold as TOSTITOS SCOOPS!®. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12-00074 (E.D. Tex., decided…
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Texas Legislator Calls for Beverage Tax
Rep. Joe Farias (D-San Antonio) has proposed a bill (H.B. 779) that would impose a statewide penny-per-ounce tax on soft drinks, particular sweetened beverages and the powders and syrups used to make them. The tax would increase each year by the same percentage as the “most recent annual revised Consumer Price Index for All Urban…
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Texas Animal Health Commission Announces New Cattle Traceability Rules
The Texas Animal Health Commission (TAHC) has announced the implementation of new adult cattle traceability rules effective January 1, 2013. TAHC apparently amended its regulations after “unofficially” suspending its brucellosis test requirement for adult cattle at change of ownership. Because cattle no longer receive ear-tags at the time of testing, the updated rule stipulates that…
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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…