Consumer Defeats Motion to Dismiss in False Advertising Case Against Beer Maker
In a case against Pabst Brewing Co., LLC, the maker of Olympia Beer, a consumer successfully opposed a motion to dismiss allowing him to proceed with claims against the company for false and misleading advertising. Peacock v. Pabst Brewing Co., LLC, No. 218CV00568TLNCKD, 2020 WL 5847244, at *6 (E.D. Cal. Oct. 1, 2020). In the case against ...
Pilgrim’s Pride Settlement Is No Chicken Feed
Broiler chicken producers Pilgrim's Pride and Tyson Foods settled price fixing claims with a class of direct purchasers this week. The plaintiffs alleged that a group of chicken producers representing ninety-eight percent of the broiler chicken market had limited production and coordinated prices by sharing information through the data company ...
Biden Pick for SEC Chair Signals Tougher Regulation
Multiple news outlets are reporting that Biden will pick Gary Gensler to be the next chairman of the Securities Exchange Commission (SEC). A former chairman of the Commodity Futures Trading Commission (CFTC), Gensler has a reputation as a tough regulator willing to stand up to powerful special interests. While at the CFTC, Gensler was charged ...
The Damaging Effects of California Proposition 22 On Workers’ Rights Begin to Unfold
On November 3, 2020, Californians passed a ballot initiative known as Proposition 22, or "the App-Based Drivers as Contractors and Labor Policies Initiative" ("Prop 22"), which asked voters to define app-based rideshare and delivery drivers as independent contractors, as opposed to employees. This paved the way for the adoption of labor and ...
DELAWARE SUPREME COURT REJECTS LIMITING PRINCIPLES RELATING TO SECTION 220 DEMANDS
In AmerisourceBergen Corp. v. Lebanon County Employees' Retirement Fund, 2020 WL 7266362 (Del. Dec. 10, 2020), the Delaware Supreme Court rejected two common objections advanced by corporations when faced with stockholder inspection demands pursuant to Delaware General Corporation Law, 8 Del. C. § 220 ("Section 220"). The Court held that ...