On remand from the Ninth Circuit, Judge Koh last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons.
First, in denying the...more
On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule...more
A few years back, the Northern District of California was dubbed the “food court” based on the influx of food misbranding class actions claiming that alleged FDA regulatory infractions constituted violations of California...more
Introduction. On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker et al., a closely watched case in the class action world, and one on which we previously reported here. Baker presented the...more
Does a federal court have jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice? That is the question the Supreme Court will consider in...more
5/27/2016
/ Class Action ,
Class Certification ,
Dismissal With Prejudice ,
FRCP 23(f) ,
Interlocutory Appeals ,
Jurisdiction ,
Microsoft ,
Microsoft v Baker ,
SCOTUS ,
Voluntary Dismissals ,
Xbox
A California federal district court recently denied a plaintiff’s second attempt to certify a class of Yakult consumers allegedly misled by Yakult’s packaging and advertising claims touting the health benefits of its yogurt,...more
The flurry of food mislabeling class actions filed in California federal courts has recently come to a halt under the U.S. Supreme Court’s holding in Comcast v. Beherend. Comcast requires that putative class action plaintiffs...more
9/9/2015
/ Class Certification ,
Damages ,
Disgorgement ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Misbranding ,
Nestle ,
Putative Class Actions ,
Restitution ,
Unjust Enrichment