Food Litigation Newsletter - July 2014


In This Issue:

- Decisions

..Ninth Circuit Affirms Lodestar Attorneys’ Fees

..Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction

..Court Finds Pre-Answer Certification Motion Premature

..Court Relies on Plaintiff’s Own Scientific Resources to Dismiss With Prejudice

..Court Stays Previously Dismissed ECJ Case

- New Filings

- Excerpt from Ninth Circuit Affirms Lodestar Attorneys’ Fees:

In re: Ferrero Litig., No. 12-56469 (9th Cir.): The Ninth Circuit affirmed a district court’s final settlement approval and award of attorneys’ fees, over objection, in a putative class action alleging that defendant misrepresents the health benefits of its Nutella products. The settlement awarded $550,000 in settlement funds, along with certain non-monetary relief, in contrast to $1 million in attorneys’ fees. The court held that the district court could properly rely on the lodestar method of awarding attorneys’ fees rather than the typical 25% cap applied when the court relies on a percentage of the settlement fund. The court also found that notice was properly given and that there was no indication of collusion justifying overturning approval of the settlement, and refused to search for any.

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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