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As consumers have started to recognize the unhealthy effects of consuming corn syrup, more and more food and beverage manufacturers have removed or limited its use in their products. While beer has never been considered a health food, the battle over corn syrup appears to have made its way to the world of beer, starting with Anheuser-Busch’s Superbowl commercial showing an order of corn syrup being delivered by mistake to the castle of the fictional medieval king of Bud Light. The king then leads a quest to remedy the mistake by personally taking the corn syrup to the fictional king…
Jared Pozner, who lost his 6-year-old son, Noah, in the mass shooting at Sandy Hook Elementary School in 2012, has had to deal with attacks from everyone from the hosts of radio shows to the authors of books claiming he’s lying about his son’s death. In addition to the HONR Networking, an advocacy group that puts pressure on social media sites like Facebook to remove false or misleading information about the Sandy Hook shooting, Pozner and several other families of the victims have filed defamation lawsuits against their accusers all over the country. The largest defamation lawsuit is against Alex…
While buying a used car might sound like a great way to save money, a new investigation allegedly found that buying from AutoNation could mean the possibility of buying a car that AutoNation knows is defective (or is subject to recall) but never bothered to have repaired or to resolve the recall issue. There is a federal law that prevents auto dealers from selling new defective automobiles, but there is no such law to prevent anyone from selling used cars with defects. A new federal bill was recently introduced that would close that loophole, but we have yet to see…
The Federal Trade Commission is asking the Second Circuit federal appeals court to uphold a finding that 1-800 Contacts violated antitrust law by preventing rivals from using its trademarked name in search ads. Meanwhile, 1-800 Contacts is also defending against a class-action lawsuit brought on behalf of consumers centering on the same conduct, but also naming additional retailers as defendants, including National Vision, Vision Direct, Luxxotica and Walgreens. Luxxotica recently agreed to pay $5.9 million to settle the claims against it in the lawsuit and National Vision settled for $7 million in 2017. The dispute centers on 1-800 Contacts’s business…
As we enter the final quarter of 2019, employers must begin to look ahead and begin preparing for a number of new employment laws that will take effect January 1, 2020. Even though employers have nearly 100 days to review and revise their employment policies, they should start familiarizing themselves now with the new requirements, training management in compliance, and preparing to implement any new procedures come the start of 2020. Department of Labor’s new overtime exemption rules Most employers are familiar with the overtime exemptions under federal law. Effective January 1, 2020, the criteria for many of those exemptions…
A retailer’s plan for calculating commissions for its sales associates did not violate the Illinois Wage Payment and Collection Act because the relevant portion of the statute concerned only deductions from an employee’s wages, and not the method used to calculate the employee’s gross pay prior to deductions. The Tile Shop, LLC sells tile and related materials and accessories. It operates 128 retail stores across 31 states. Each store employs a manager, one or two assistant managers, and a staff of sales associates. Sales associates and assistant managers are primarily responsible for sales. The Tile Shop pays its sales associates…
Online dating sites are an increasingly common way people seek to find romance. But, according to the Federal Trade Commission, these sites could also be a source of scams or a haven for scammers. The FTC recently filed a lawsuit against the company that owns popular dating sites and apps such as Match.com, Tinder, OKCupid, and PlentyOfFish, alleging that the company used fake advertisements designed to trick consumers into believing someone had shown interest in them and purchase a paid subscriptions on Match.com. According to the FTC’s complaint, many consumers received emails or instant messages containing attention-grabbing text such as:…
Business owners and consumers alike know that contracts are an everyday part of life. Equally common though are modifications or amendments to those contracts. Some modifications are memorialized in writing. Many more, however, are made orally and even worse some are implied through a party’s conduct. As we have discussed previously, Illinois law permits the parties to a contract to orally modify their contracts, even if the contract provides that all amendments must be in writing. However, certain contracts are subject to specific statutory provisions that prohibit oral modifications. One such statutory prohibition against oral modifications is Section 2-209…
When two people purchased an RV that was later found to have a defect that substantially impaired its value, the purchasers were not required to give the seller of the RV time to cure the defect before being able to revoke their acceptance and receive a refund of their purchase price. The Illinois Supreme Court held that Illinois’ statute only required allowing the seller time to cure a defect if the purchaser had accepted a commercial unit with knowledge of a defect and an agreement with the seller which contemplated the seller repairing the defect. In April 2014, Kimberly Accettura…
To combat the increasing restrictions in non-compete agreements, legislators throughout the United States have been passing laws to limit what restrictions employers can put in their non-compete agreements with their workers, or even whether they can use non-compete agreements at all. California has refused to recognize any non-compete agreements, and other states have followed suit. A federal law limiting or banning non-compete agreements does not exist, though bills on the issue have been proposed. The latest tactic used by employers to get around the restrictions placed on non-compete agreements has been something called “garden leave”. Garden leave is when an…
After two companies got into a dispute about the timeframe for payment of invoices, the 7th Circuit Court of Appeals found that the district court had erred in not considering the parties’ course of dealings to determine what a fair time to pay would have been. In 1999, Valley Drive Systems, Inc. began manufacturing parts for Arctic Cat, Inc. In 2002, Driveline assumed control of Valley Drive Systems, Inc.’s assets. In June of that year, Driveline and Arctic Cat entered into a contract where Driveline would provide specifically-manufactured hubs, axels/half-shafts, outer and inner tie rods, shift shafts, and steering stops.…
Online review sites such as Yelp have been the bane of companies’ existence ever since they first started popping up on the internet. While businesses work hard to provide each of their customers with the best experience possible, one can never please everyone, and the displeased will inevitably turn to the internet to vent their frustration for all potential clients to see. As problematic as that is for any business (especially small businesses), is suing customers who leave a bad review really the answer? Lisa Agostino, of Macomb County, Michigan, is being sued by North Wind Heating and Cooling for…
After two companies got into dispute over fallout from jointly hosted party during Indianapolis 500, the appellate court affirmed the district court’s view that the plaintiff had no non-speculative evidence of damages, and that the plaintiff had committed a breach of contract by not promoting the event across the social media channels that it agreed to use. The Indianapolis Motor Speedway, LLC sponsors the annual Indianapolis 500 race and associated race-weekend events, which include musical acts and other festivities. In 2015, Karma International became a licensee of Maxim, a men’s magazine. Karma has hosted Maxim-branded entertainment at large sporting events,…
In a series of partial summary judgment opinions, the Delaware Chancery Court threw out all non-competition and non-solicitation claims against Alphatec Holdings, Inc., a medical device company, and its chairman and Chief Executive Officer Patrick Miles in a lawsuit filed by Miles’s former employer, NuVasive, Inc. The suit claimed that Miles violated the non-compete and non-solicitation provisions of his employment agreement when he left to work for rival Alphatec in October 2017. Miles had worked at NuVasive since 2001 and entered an employment contract in September 2016 which included post-employment restrictions against working for a competitor or soliciting NuVasive employees…
Some of the top publishing companies recently filed a copyright infringement suit against Audible, an Amazon subsidiary, seeking to enjoin to the audiobook company’s rollout of a new feature called “Audible Captions” which shows the text on-screen as a book is narrated. The plaintiffs in the lawsuit are seven members of the Association of American Publishers (AAP), including the “Big Five” of publishing: Penguin Random House, Hachette Book Group, Simon & Schuster, HarperCollins Publishers, and Macmillan Publishers. Audible announced the new caption feature back in July and set an official rollout date close to the time when students would be…