Court of Appeal Confirms Settlement in Largest Pet Food Recall Ever

This is an appeal from the approval of the settlement of

a class action lawsuit stemming from the largest pet food recall

to date. The class action was brought on behalf of consumers in

the United States and Canada who purchased, used or obtained,

or whose pets consumed, wet pet food that was allegedly

contaminated with melamine and cyanuric acid.

Plaintiffs alleged violations of state consumer protection and deceptive trade practices statutes, as well as state law claims for product liability, breach of warranty, and negligence. The District Court certified a settlement-only class and granted approval of a $24 million settlement. Appellants are members of the settlement class who objected to various aspects of class certification and the settlement.

The court concluded that the class certification requirements of

Federal Rule of Civil Procedure 23(a) and (b) are satisfied with

respect to the settlement class and that the District Court’s

analysis of whether the settlement is fair, reasonable, and

adequate under Federal Rule of Civil Procedure 23(e) was

proper in all respects but one.

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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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