The bankruptcy trustee for Central Grocers has filed numerous lawsuits against the company’s vendors seeking to have them disgorge tens of millions of dollars. These lawsuits are called “preference actions” in the bankruptcy world. Attorney Kurt Carlson, who concentrates his practice on representing clients in litigation, corporate transactions, commercial bankruptcy, restructurings and creditors’ rights, recently […]
Tag: litigation
Posted inCenter Store, Home Page Latest News, Marketing News, Suppliers, West
Op-Ed: Dr. Oz Lawsuit Offers An Opportunity To Inform
by Jeff Colombini/chairman, Olive Oil Commission of California In case you haven’t heard, last week a lawsuit was filed against Dr. Oz by the North American Olive Oil Association (NAOOA). The lawsuit centers around a May 12 episode of “The Dr. Oz Show” and claims that Dr. Oz violated libel laws when he stated that […]
Posted in, Home Page Latest News, Industry News, National
Judge Temporarily Blocks Upcoming Overtime Rule
Texas federal District Judge Amos L. Mazzant III has preliminarily blocked the U.S. Labor Department’s new overtime rule, which was set to go into effect on Dec. 1. In a ruling Tuesday, Mazzant blocked the implementation or enforcement of the salary-related changes in the federal Fair Labor Standards Act’s “white collar” exemptions. He issued his […]
Posted in, Northeast
Health Groups File Suit Over Cigarette Warning Labels
Eight public health groups recently filed a lawsuit against the U.S. Food and Drug Administration to force the government to require graphic warning labels on packs of cigarettes. The lawsuit was filed in the U.S. District Court of Massachusetts by the American Academy of Pediatrics, the Massachusetts Chapter of the American Academy of Pediatrics, the […]
Posted in, Northeast
NRA Praises House Attempt To Delay DOL Overtime Rule
The National Restaurant Association (NRA) has issued a statement of support for the House of Representatives attempt to allow a six-month delay in the effective date of the Department of Labor’s new overtime rule. “We thank Congressman Tim Walberg (R-Michigan) for his continued leadership on this bipartisan effort to bring much needed relief to America’s one […]
Posted in, Corporate Store News, Home Page Latest News, National
Retailers File Suit To Block New Overtime Rule
The National Retail Federation (NRF) has filed suit in U.S. District Court on behalf of the millions of employers and employees who it says will be drastically affected if the Labor Department’s changes to the federal overtime rules go into effect on Dec. 1. “The Labor Department’s extreme and reckless changes to the overtime rules will hobble […]
Posted in, Home Page Latest News, Market Profile, Midwest, Shelby Signature Content
Wisconsin Lawmakers Will Again Take Up Minimum Markup Law
by Terrie Ellerbee/editor-Midwest It is a fight that has gone on for two decades now, according to Wisconsin Grocers Association (WGA) President and CEO Brandon Scholz. The debate over whether to repeal the Unfair Sales Act is hotter in some years than others. This looks to be a hot one. Wisconsin’s Unfair Sales Act or […]
Posted in, Albertsons, Corporate Store News, Store News, West
Report: Court Approves Haggen’s $5.75M Settlement With Albertsons, Auction For Remaining Stores Is Feb. 29
Haggen this week received approval from the U.S. Bankruptcy Court to settle its lawsuit against Albertsons, winning $5.75 million in cash, according to The Oregonian. The newspaper reports that the amount is considerably less than what Haggen had originally sought—more than $1 billion—when it filed the suit in September. In the lawsuit, Haggen accused Albertsons […]
Posted in, Northeast
Nestlé Dismissed From Class-Action Suit Against Gerber, And More…
New Channels News In Brief… Nestlé USA has been dismissed from a class-action lawsuit brought against Gerber for allegedly misleading consumers. The lawsuit, filed last year, was brought by three consumer advocacy firms that allege that the packaging for Gerber Graduates Puffs implies that the toddler treats are made from healthy fruits and vegetables rather […]
Posted in, Northeast
NRA To Challenge New York Wage Mandate In Court
The National Restaurant Association (NRA) is preparing a legal challenge to a New York state mandate that requires fast-food employers to pay a higher minimum wage than other businesses in the state. On Dec. 10, the state’s Industrial Board of Appeals rejected the NRA’s administrative challenge of the state’s $15-an-hour wage mandate for fast-food employers. According […]
Posted in, Northeast
Target Reaches Data Breach Settlement With Banks
Target Corp. will pay banks and credit unions between $38 and $39 million to resolve a class-action lawsuit triggered by the retailer’s data breach in 2013. As many as 70 million people might have had personal data—including email addresses and phone numbers—compromised because of the breach. The settlement requires Target to pay about $20.25 million […]
Posted in, Northeast
FTC Challenges Proposed Merger Of Staples And Office Depot, And More…
New Channels News In Brief… The Federal Trade Commission has filed an administrative complaint charging that Staples Inc.’s proposed $6.3 billion acquisition of Office Depot Inc. would violate the antitrust laws by significantly reducing competition nationwide in the market for “consumable” office supplies sold to large business customers for their own use. “The commission has […]
Posted in, Northeast
Subway Proposes ‘Footlong’ Issue Settlement
Doctor’s Associates Inc. (DAI), the franchisor of Subway Sandwich Shops, has proposed a settlement in a class-action lawsuit about the marketing of Six Inch and Footlong Subway Sandwiches. The court has not made any findings that any of DAI’s marketing or practices were improper or unlawful. In the settlement, DAI has agreed to certain practice […]
Posted in, Northeast
New York Orders Four Papa John’s Franchisees To Pay Back Wages, And More…
Food Service News In Brief… New York Attorney General Eric Schneiderman and the U.S. Department of Labor have announced four settlements totaling nearly $500,000 with three current Papa John’s Pizza franchisees and one former franchisee, who together operated a total of nine restaurants in Queens, The Bronx and Brooklyn. The franchisees investigated by the Attorney […]
Posted in, Northeast
A&P Bankruptcy Judge Asked To Reject Non-Union Bid, And More…
Supermarket News In Brief… The U.S. bankruptcy judge overseeing the auction of the A&P stores has been asked by the union representing workers to determine if the acquisition of a Waldbaums by a non-union operator can be allowed. United Food and Commercial Workers Local 342 asked Judge Robert Drain to determine if the store in […]
Posted in, Northeast
Chipotle Suit Contests GMO Claim, And More…
Food Service News In Brief… A California law firm has filed a lawsuit charging Chipotle Mexican Grill with misleading claims by saying its menu is free of genetically modified organisms, or GMOs. Chipotle plans to contest the federal class-action suit brought by Kaplan Fox & Kilsheimer LLP of San Francisco. In other Chipotle news, through […]
Posted in, Northeast
NLRB Staffing Agency Decision Could Impact Restaurants
The National Labor Relations Board (NLRB) has issued a decision in the Browning-Ferris Industries (BFI) case, holding that BFI is considered a “joint employer” with a temporary staffing agency that supplied employees to BFI. According to the National Restaurant Association (NRA), the decision has broad implications for multiple industries, including restaurants. The NLRB, through a 3-2 vote, […]
Posted in, Northeast
Hearing Postponed On A&P Union Dispute, And More…
Supermarket News In Brief… A bankruptcy court hearing originally scheduled for the week of Aug. 17 between A&P officials and union leaders was put on hold as both sides asked for more time. A&P filed an emergency motion seeking relief from “bumping” obligations in its contract and A&P is seeking to limit its severance obligations […]
Posted in, Suppliers, West
Bumble Bee Foods Ordered To Pay $6M In California Worker’s Oven Death
Bumble Bee Foods will pay $6 million “for willfully violating worker safety rules,” causing the 2012 death of an employee who became trapped inside an industrial oven at the company’s Santa Fe Springs plant, according to Los Angles County District Attorney Jackie Lacey, who made the announcement of the settlement agreement on Aug. 12. The […]
Posted in, Northeast
A&P Seeks Judge’s OK To Set Aside Two Union Provisions For Store Sale
After a negotiation impasse with union groups representing workers, A&P has asked a bankruptcy court judge to set aside two major union provisions. The company, which has filed for Chapter 11, wants to eliminate bumping rights and adjust or cut the amount and timing of severance pay in order to attract future buyers of its […]