JUDICIAL:
DANONE, US, LLC, Plaintiff, v. CHOBANI, LLC, Defendant., No. 18 CIV. 11702 (CM), 2019 WL 760040 (S.D.N.Y. Jan. 23, 2019)“This case is the latest in a series of culture wars between two of the biggest players in the market for yogurt and related products.”Before the Court is an application, brought by Danone, US LLC (“Dannon”), for an order to show cause for a preliminary injunction enjoining Defendant Chobani, LLC (“Chobani”) from advertising that Chobani’s kids’ drinkable yogurt product, “Gimmies Milkshakes” (hereinafter referred to as “Gimmies”) contains “33% less sugar than the leading kids’ drinkable yogurt” – which both parties agree is a reference to Dannon’s “Danimals Smoothies” product (hereinafter referred to as “Danimals”).On January 14, 2019, the parties appeared before this Court for an evidentiary hearing, at which the Court heard testimony from marketing executives from both companies, as well as competing marketing experts.After reviewing the evidence and arguments, the Court denied Dannon’s application for a preliminary injunction.

QUALITY EGG, LLC, Plaintiff-Appellant, v. HICKMAN’S EGG RANCH, INC., Defendant-Appellee., No. 17-1690, 2019 WL 719166 (Iowa Ct. App. Feb. 20, 2019) In 2002, Quality Egg, LLC (Quality Egg), entered into an oral contract with Hickman’s Egg Ranch, Inc. (Hickman’s) to sell eggs. In April 2008, Quality Egg received a check from Hickman’s that it determined was “short pay.” In March 2014, Quality Egg brought suit against Hickman’s, asserting Hickman’s was due and owing upon an open account. Hickman’s responded by asserting various defenses. After a 2017 trial, the jury returned a verdict against Quality Egg’s claim. The Court found the admission of oral testimony by Hickman’s did not violate the statute of frauds. However, they reversed and remanded for a new trial based on the district court’s failure to include jury instructions pertaining to Quality Egg’s open-account claim. The Court concluded the jury instructions were insufficient. Because Quality Egg pled and presented its case-in-chief seeking a judgment on an open account, the lack of instructions to the jury on this claim is reversible error. The court reversed and remanded for a new trial limited to Quality Egg’s open-account claim.

STAMEY CATTLE CO., LLP, Plaintiff, And SUNSHINE HEIFERS, LLC, Intervening Plaintiff, v. WILLIAM P. WRIGHT, JR.; WILLIAM P. WRIGHT, JR., D/B/A THE WRIGHT FAMILY DAIRY FARMS, LLC; THE WRIGHT FAMILY DAIRY, LLC, D/B/A, THE WRIGHT FAMILY DAIRY FAMRS, LLC; W.P. WRIGHT FAMILY, LLC, D/B/A, THE WRIGHT FAMILY DAIRY FARMS, LLC; LOWER APPLING COUNTY HOLSTEINS, LLC; FIRST BANK SHARES OF THE SOUTHEAST, INC., D/B/A FIRST NATIONAL BANK SOUTH, GLENDA WRIGHT, ASBURY FARMS, LLC, LEVI WRIGHT, AND STAMEY CATTLE COMPANY, LLP, Defendants., No. 5:17-CV-147, 2019 WL 722597 (S.D. Ga. Feb. 19, 2019)

Before the Court are the following motions: Defendants William P. Wright, Jr., and William P. Wright, Jr., d/b/a The Wright Family Dairy Farms, LLC (collectively “Pete Wright”)’s Motion for Summary Judgment, Defendant The Wright Family Dairy, LLC, d/b/a The Wright Family Dairy Farms, LLC (“WFD”)’s Motion for Summary Judgment, dkt. no. 101, Defendant W.P. Wright Family, LLC, d/b/a The Wright Family Dairy Farms, LLC (“WPW”)’s Motion for Summary Judgment, , and Plaintiff Stamey Cattle Company, LLP (“Plaintiff”)’s Motion for Partial Summary Judgment. Plaintiff’s Motion, was granted with respect to Count One and Crossclaim Count VIII and denied as moot with respect to Counts Two and Three; Defendants Pete Wright, WFD, and WPW’s Motions, were granted with respect to Counts Seven and Eight and Crossclaims Counts II and IV; Defendants Pete Wright and WFD’s Motions, were denied with respect to Counts One, Four, Six, Ten, Eleven, and Twelve and Crossclaim Counts I, III, V, VI, and VIII, and their Motions were denied as moot  as to Counts Two and Three; Defendant WPW’s Motion, was granted with respect to all counts. Counts Five and Nine and Crossclaim Count VII were dismissed as moot. Defendants’ Motion was moot and withdrawn. Default Judgment against Defendant Lower Appling County Holsteins (“LACH”) was granted

Great Am. Ins. Co. v. Russell, 914 F.3d 1147 (8th Cir. 2019) Jonathan Russell appeals the district court’s vacatur of the arbitration award he received against his insurer, Great American InsuranceCompany, for wrongfully denying his claim for damage to his 2013 corn crop. Because the arbitrators rendered a sufficiently mutual, final, and definite award, vacatur was improper. The court accordingly vacate the district court’s judgment and remand for further proceedings.

REGULATORY:
Notice and request for comments: Rural Utilities Service, USDA; In accordance with the Paperwork Reduction Act of 1995, the U.S. Department of Agriculture (USDA) Rural Utilities Service (RUS) invites comments on this information collection for the Distance Learning and Telemedicine Loan and Grant Program, which it intends to request approval from the Office of Management and Budget (OMB). Info HERE

Notice: Agricultural Marketing Service, USDA; With this publication, the Agricultural Marketing Service (AMS) notifies persons about annual requirements for renewing the Application for Registration as required by the United States Grain Standards Act. All persons engaged in the business of buying grain for sale in foreign commerce and in the business of handling, weighing, or transporting grain for sale in foreign commerce in excess of 15,000 metric tons during the preceding or current calendar year must register annually. The realignment of offices within the U.S. Department of Agriculture authorized by the Secretary’s Memorandum dated November 14, 2017, eliminates the Grain Inspection, Packers and Stockyards Administration (GIPSA) as a standalone agency. The grain inspection activities formerly part of GIPSA are now organized under AMS. Info HERE

Notice and request for comment: Agricultural Marketing Service, USDA. In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service’s (AMS) intention to request an extension for and revision to a currently approved information collection for Almonds Grown in California, Marketing Order No. 981. Info HERE

Notice of meeting: Forest Service, USDA; The Eastern Region Recreation Resource Advisory Committee (Recreation RAC) will meet in Milwaukee, Wisconsin. The Recreation RAC is established consistent with the Federal Advisory Committee Act of 1972, and the Federal Lands Recreation Enhancement Act. Additional information concerning the Recreation RAC, including details on all fee proposals, can be found by visiting the Recreation RAC’s website at: http://www.fs.usda.gov/​main/​r9/​recreation/​racsInfo HERE

Notice of availability: Animal and Plant Health Inspection Service, USDA. We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Marek’s Disease-Newcastle Disease Vaccine, Serotype 3, Live Marek’s Disease Vector. Based on the environmental assessment, risk analysis, and other relevant data, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment. We are making the documents available to the public for review and comment. Info HERE

Notice of availability: Animal and Plant Health Inspection Service, USDA; We are advising the public that the Animal and Plant Health Inspection Service has prepared an environmental assessment concerning authorization to ship for the purpose of field testing, and then to field test, an unlicensed Bursal Disease-Marek’s Disease-Newcastle Disease Vaccine, Serotype 3, Live Marek’s Disease Vector. Based on the environmental assessment, risk analysis, and other relevant data, we have reached a preliminary determination that field testing this veterinary vaccine will not have a significant impact on the quality of the human environment. We are making the documents available to the public for review and comment. Info HERE

Revision to and extension of approval of an information collection; comment request: Animal and Plant Health Inspection Service, USDA. In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the regulations for the location of irradiation treatment facilities in the United States. Info HERE

Reinstatement of an information collection; comment request: Animal and Plant Health Inspection Service, USDA. In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request the reinstatement of an information collection associated with the regulations for the importation of swine hides, bird trophies, and deer hides. Info HERE

Revision to and extension of approval of an information collection; comment request. In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the regulations for the importation of Phalaenopsis spp. plants for planting in approved growing media from China into the continental United States. Info HERE

Extension of approval of an information collection; comment request: Animal and Plant Health Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request an extension of approval of an information collection associated with importation of citrus from Peru. Info HERE

Revision to and extension of approval of an information collection; comment request: Animal and Plant Health Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a revision to and extension of approval of an information collection associated with the regulations for the importation of baby corn and baby carrots from Zambia into the continental United States. Info HERE

Reinstatement of an information collection; comment request: Animal and Plant Health Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request a reinstatement of an information collection associated with the regulations for import and transport permits. Info HERE

Notification of referendum order: Agricultural Marketing Service; This document directs that a referendum be conducted among eligible first handlers and importers of mangos to determine whether they favor the inclusion of frozen mangos as a covered commodity under the Mango Promotion, Research and Information Order (Order). Info HERE

Final rule: Agricultural Marketing Service, USDA; This rule amends the Agricultural Marketing Service’s (AMS) regulations regarding a fresh mango national research and promotion program to include frozen mangos as a covered commodity under the Mango Promotion, Research and Information Order. The importers of frozen mangos will be assessed one cent ($0.01) per pound on frozen mangos. Also, the National Mango Board’s (Board) membership will be expanded from 18 to 21 with the addition of two importers of frozen mangos and one foreign processor. Info HERE