On April 28, 2025, the U.S. Supreme Court declined to hear Celanese International Corp.’s challenge to a Federal Circuit decision which found the company’s patent on the process to create the artificial sweetener used in Coke...more
On August 15, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit revived a class action lawsuit against Nestle regarding its “Premier White Morsels” Toll House product. In the opinion,...more
On June 26, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit affirmed an insurance company’s win over a restaurant group seeking insurance coverage for pandemic-related claims in Team 44...more
6/28/2023
/ Appeals ,
Business Closures ,
Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Policy Terms ,
Restaurant Industry
On May 6, 2022, a panel of three judges in the Court of Appeals for the Ninth Circuit considered a challenge to California’s ban on foie gras. The law has been heavily litigated for nine years, including three sets of appeals...more
On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...more
10/1/2021
/ ABC Test ,
Appeals ,
Borello Test ,
Delivery Drivers ,
Dynamex ,
Employee Definition ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
Popular ,
Putative Class Actions ,
Retroactivity ,
Reversal ,
Ridesharing ,
Wage and Hour
On November 6, 2018, California voters passed Proposition 12. The law is set to go into effect on January 1, 2022. Among other things, the law “prohibits a business owner or operator from knowingly engaging in the sale within...more
On June 4, 2021, a panel of judges from the Ninth Circuit Court of Appeals affirmed the dismissal of consumer poultry labeling claims against Trader Joe’s on the ground that those claims were federally preempted. The consumer...more
6/16/2021
/ Appeals ,
Consumer Litigation ,
Dismissal With Prejudice ,
Food Labeling ,
Food Safety and Inspection Service (FSIS) ,
Labeling ,
Misleading Statements ,
Poultry ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Trader Joes ,
USDA
On March 1, 2021, the Court of Appeal, Second Appellate District ruled in favor of the Los Angeles County Department of Public Health (the “Department”) officials who halted outdoor dining in November 2020 during a spike in...more
On February 9, 2021, a divided Ninth Circuit Panel held that consumer claims against the P.F. Chang’s restaurant chain based on the term “Krab Mix” in certain menu items could proceed. The Court reversed a lower court...more
On January 22, 2021, a divided Ninth Circuit panel ruled that a nutritional guide could constitute commercial speech subject to the Lanham Act.
The Lanham Act is best known for being the primary federal trademark statute...more