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'Dirty soda' Utah court battle ends with legal settlement
Business Law Info | 2017/11/02 04:50
Two Utah chains that sell flavor-shot-spiked "dirty sodas" have settled their court battle over the sugary concept that's grown increasingly profitable in a state where sugar is a common vice, according to court documents filed Tuesday.

Soda shops Sodalicious and Swig will pay their own expenses, court papers said. The documents offer no details of the settlement terms and attorneys for the two sides did not return messages seeking comment.

Swig had accused competitor Sodalicious of copying the trademarked "dirty" idea, down to the frosted sugar cookies sold alongside the sweet drinks spiked with flavor shots, fruit purees and cream.

Both shops are known for their soda mixology. Swig's concoctions include the Tiny Turtle, which is Sprite spiked with green apple and banana flavors.

Swig sued in 2015 for damages and an order blocking Sodalicious from using words and signs similar to theirs. A trial had been set for this week, but it was on hold during settlement negotiations.

Sodalicious fought back, saying dirty is a longtime moniker for martinis and other drinks. They said tongue-in-cheek nicknames for concoctions like "Second Wife" make their business distinctly different.

Other sodas on their menu include the Rocky Mountain High, made with cherry and coconut added to Coke.

The court fight unfolded as the sweet drinks grew increasingly popular and profitable in a majority-Mormon state where sugar is a popular indulgence.

Both shops have more than a dozen locations across Utah, and have also expanded into the suburbs of Phoenix.


Brazilian court revives case against Olympian Ryan Lochte
Business Law Info | 2017/10/30 01:48
Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.

"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."

Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.

Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.


Florida court sides with Gov. Scott in nursing home battle
Business Law Info | 2017/10/22 01:22
Florida Gov. Rick Scott has won the first round in a legal tug-of-war over his mandate that nursing homes and assisted living facilities install generators.

The 1st District Court of Appeal on Thursday rejected a legal challenge to emergency rules put in place by the Scott administration. A panel of judges split 2-1 over the challenge. The court has not yet issued a full opinion explaining the decision.

Groups that represent nursing homes and assisted living facilities asked the appeal court to review whether or not there was an emergency that warranted the rules. A separate legal challenge to the actual rules is still ongoing.

Scott issued his order after residents at the Rehabilitation Center at Hollywood Hills died in the days after Hurricane Irma wiped out power to much of South Florida.




High court to hear appeal in Newtown gun maker lawsuit
Business Law Info | 2017/10/17 01:23
The appeal of a decision to dismiss a wrongful death lawsuit against the maker of the rifle used in the 2012 Newtown school shooting is headed to Connecticut's highest court next month.

The state Supreme Court will begin hearing arguments Nov. 14 in the civil case brought against North Carolina-based Remington Arms by some of the Newtown victims' families.

A Superior Court judge dismissed the case last year. At issue were exceptions to a federal ban on most lawsuits against gun makers. The judge rejected the families' argument that the suit is allowed under the exceptions.

Newtown shooter Adam Lanza used a Remington-made, AR-15-style rifle to kill 20 children and six educators.



Supreme Court rejects free speech appeal in sexting case
Business Law Info | 2017/10/10 16:53
The Supreme Court has turned away a free-speech appeal from a former school lunch server in Minnesota who was charged with sexting a 15-year-old student.
The justices did not comment Tuesday in allowing the criminal case against Krista Muccio to proceed.

Muccio was charged with sending words and photos of a sexual nature to the student. The teen's father found them on his son's Instagram account.

A Minnesota appeals court had struck down a state law aimed at adults who use social media to lure children into sexual encounters. The state's Supreme Court overruled the lower court.


German court sends ECB challenge to European court
Business Law Info | 2017/08/15 16:42
Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.

The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.

The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.

The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.



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