November/December 2020 Legal Update

Pooja S. Nair, a partner at Ervin Cohen & Jessup LLP compiles recent legal news affecting the restaurant, food and beverage and hospitality industries for Modern Restaurant Management (MRM) magazine.Litigation Restaurants Challenge Dining Bans: Restaurants across the country are challenging city, county, and state bans on indoor and outdoor dining due to COVID-19.  These challenges are continuing to go through the courts in California, Michigan, Philadelphia, Oregon, Texas, and Wisconsin, among others.  For the most part, courts have upheld dining restrictions due to public safety concerns.  However these cases should progress to the state appellate court and supreme court level in the next month or two. Ninth Circuit Dismisses Popcorn Class Action: On December 4, 2020, the Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a class action lawsuit regarding partially hydrogenated oils in Pop Secret popcorn, finding a lack of Article III…