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Martha Stewart Commercial Litigation

3/5/2013

JC Penney, Macy's, and Martha Stewart are embroiled in a large commercial breach of contract case revolving around JC Penney's capture of Martha Stewart and her Martha Stewart collection housewares. The Chicago Tribune explains that Martha Stewart signed a contract with Macy's which obligated her to create and market a line of products in Macy's. Macy's got Stewart, who should be very used to court proceedings, to admit in depositions that the contract also was an exclusivity contract as well as a contract for her name, fame, expertise, and line of products.

This case illustrates precisely why depositions are critical to trial and provide a clear roadmap for trial strategy for both sides.

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Kraft Sues Cracker Barrel Over Trademark Dispute

2/1/2013

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The Chicago Tribune reports that Kraft Foods, Inc. has sued casual dining chain Cracker Barrel Old Country Store Inc. and its potential retail distributor the John Morrell Food Group to enjoin and nullify their contractual attempt to licensed the trademark "Cracker Barrel" to the distributor for retail distribution. Kraft trademarked "Cracker Barrel" in 1954 and sees Cracker Barrel Old Country Store's attempts to expand the use of their mark from their restaurant chains to retail grocers as infringing their mark.

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$2M Wine Negligence CLaim Filed by Insurer in Subrogation Action

11/28/2012

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Stepping in the shoes of their injured insured, Great Northern Insurance Co. filed suit against Cellar Advisors, a wine moving company hired to move a portion of a wealthy family's wine collection from Illinois to Florida in climate controlled containers. The Chicago Tribune notes that:

In June 2012, D. Gideon Searle hired St. Louis-based Cellar to transport the couple's wine collection, held in a Des Plaines warehouse, in refrigerated carriers to a Naples, Fla., wine cellar. The wine to be transported was valued at $2 million.

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Nanny cam exposes abuse, parents sue to recover damages

10/23/2012

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No loving parent can stand by without acting when their child is harmed. No parent should have to tolerate that. When parents hire caregivers for their children, parents, or themselves, that caregiver is entrusted with a near sacred duty to preserve the health, dignity, and vitality of a loved one. When that duty is breached, the harm can be tremendous in both physical pain, but also emotional turmoil.

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PROCESSED BEEF MANUFACTURER SUES ABC OVER "PINK SLIME" REPORTS

9/13/2012

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Business owners need to understand how the law can protect them against competitors and insulate them from customer lawsuits. To reinforce this lesson, consider Beef Products, Inc., a closely held South Dakota company that faced severe consequences from negative reports regarding their processed beef product. When businesses are losing money stemming from interference with existing or future business relationships, business should contact a business attorney who can look at all of their options to remedy this threat and mitigate harm, including through litigation.

The Wall Street Journal, among others, is reporting that Beef Products Inc., , has sued ABC for defamation, tortious interference with contract (business relationship), and a state anti-food disparagement statute, among other claims. The beef company also named Diana Sawyer, who reported on the story for ABC and microbiologist Gerald Zirnstein, who as a USDA food inspector investigating a food bacteria outbreak in 2002 toured a BPI plant and coined the term "pink slime" to describe their product. BPI is suing these defendants for $1.20 billion, representing lost profits stemming from the alleged defamatory reporting and characterization of their product.

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CAT SMELL OFFENDS CONDO NEIGHBORS WHO SUE ASSOCIATION AND NEIGHBOR

8/21/2012

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The Chicago Tribune has reported an amusing, but common, story of neighbors who use their respective property in incompatible ways that create conflict. According to a lawsuit filed, likely based on nuisance, breach of contract, and violations of the Condominium Property Act, 765 ILCS 605/1 et seq., a set of owners that had a condo in the building before the new owner ("Cat Lady"), have allergies to cats. Cat Lady has allegedly accumulated 20 cats in her single bedroom condo. The smell from the urine and feces has wafted, through shared ventilation, into the neighboring condos. The affected condo owners have sent letters notifying both the Cat Lady and the association (and its Board) of the issue. Even with notice, all parties failed to cure the issue and the offended parties sued.

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Martha Stewart Commercial Litigation

Kraft Sues Cracker Barrel Over Trademark Dispute

$2M Wine Negligence CLaim Filed by Insurer in Subrogation Action

Nanny cam exposes abuse, parents sue to recover damages

PROCESSED BEEF MANUFACTURER SUES ABC OVER "PINK SLIME" REPORTS

CAT SMELL OFFENDS CONDO NEIGHBORS WHO SUE ASSOCIATION AND NEIGHBOR

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