News & Analysis as of

ConAgra FRCP 23 False Advertising

Kramer Levin Naftalis & Frankel LLP

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Fraud Class Action

House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress - In March 2017, the House passed the Fairness in Class Action Litigation Act of 2017 by a vote of 220-201....more

Troutman Pepper

High Time for the Supreme Court to Review Ascertainability in Class Actions

Troutman Pepper on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Ballard Spahr LLP

Ninth Circuit Rejects Implied "Ascertainability" Requirement for Class Certification

Ballard Spahr LLP on

Deepening an already-existing circuit split, the Ninth Circuit has held that class certification is appropriate even if plaintiff has not shown that identifying class members is "administratively feasible." Expressly...more

Robinson+Cole Class Actions Insider

Ascertainability Not Required In Ninth Circuit, But Manageability Remains

One of the first significant class action appellate decisions of 2017 was issued this week. In Briseno v. ConAgra Foods, Inc., No. 15-55727 (9th Cir. Jan. 3, 2017), the Ninth Circuit held that Rule 23 does not require that it...more

Carlton Fields

Ninth Circuit Joins Sixth, Seventh, and Eighth Circuits in Declining to Impose an “Administrative Feasibility” Requirement for...

Carlton Fields on

The Ninth Circuit affirmed certification of putative class actions brought against ConAgra Foods, Inc. (“ConAgra”) by consumers who claimed that ConAgra’s “100% Natural” labels on Wesson cooking oils were false or misleading....more

Carlton Fields

Food for Thought: 2014 Litigation Annual Review

Carlton Fields on

Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

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