The Southern District of California certified a food labeling class against Ocean Spray Cranberries Inc. based in part upon a price premium damages model developed by an aptly named Dr. Belch. The plaintiff, a self-proclaimed "health coach" and "label guru," alleged Ocean Spray misrepresented that many of its juice products contained no artificial flavors when in fact they contained malic and fumaric acids, synthetic chemicals that simulate the advertised flavors. She ... Keep Reading »
Search Results for: comcast
Circuit Court Holds Comcast Does Not Foreclose Certification of Labor Law Class With Individualized Damages
In a class action brought under the Fair Labor Standard Act and New York Labor Law, the Second Circuit court of appeals reversed the district court’s denial of class certification and held that the Supreme Court’s 2013 decision in Comcast Corp. v. Behrend does not overrule the established principle that “the fact that damages may have to be ascertained on an individual basis is not sufficient to defeat class certification under Rule 23(b)(3).” Plaintiff alleged that ... Keep Reading »
Second Circuit Affirms Certification of Consumer Debt Collection Class, Distinguishing Comcast v. Behrend
These cases, on a consolidated appeal, involved three defendants: a company that purchased consumer debts, a debt collection law firm, and a process server. Plaintiffs had each been sued in various debt collection actions by defendants. Plaintiffs alleged that defendants obtained default judgments against them fraudulently by using a “default judgment mill,” whereby defendants would purchase the debt, issue summonses and complaints en masse, and automatically generate ... Keep Reading »
Sixth Circuit Rejects Rule 23(F) Petition: Comcast Not Necessarily Triggered By Antitrust Class’s Use Of A Single Damages Model For Multiple Theories Of Liability
In an antitrust class action lawsuit, multiple theories of liability often create separable anticompetitive effects that, when combined, can result in aggregated damages, but a plaintiff's model must measure damages attributable only to the liability theory (and resulting anticompetitive effects) accepted for class action treatment. Thus, an antitrust lawsuit involving money damages cannot be certified to proceed as a class action unless the damages sought result from ... Keep Reading »
District Court Decertifies Class Where Damages Model Did Not Satisfy Supreme Court’s Requirements as Set Forth in Comcast Corp. v. Behrend
The United States District Court for the Northern District of California recently granted a defendant’s motion to decertify a class because plaintiff’s damages model was not consistent with his theory of liability as required by the Supreme Court in Comcast Corp. v. Behrend. Plaintiff alleged that defendant’s false and misleading labeling of almond milk products violated California law, bringing claims under California’s Unfair Competition Law, False Advertising Law, and ... Keep Reading »
Northern District of California Grants Certification of Antitrust Class in 15 of 16 Jurisdictions Pursuant to Dukes and Comcast; Declines to Certify One Class Due to Lack of Class Representative
In a recent case in the United States District Court for the Northern District of California, plaintiffs brought a putative class action against various defendants involved in milk production, alleging they violated the antitrust laws of fifteen states and Washington, D.C. by engaging in a conspiracy to limit the production and increase the price of raw milk. Plaintiffs sought class certification in each of the sixteen jurisdictions; the Northern District granted the ... Keep Reading »
District Court Decertifies Class based on Dukes, Comcast and Tenth Circuit Precedent
Plaintiff sued for underpayment or nonpayment of royalties on natural gas produced from wells in Kansas due to defendant’s failure to place the gas in marketable condition. The district court initially certified the class in 2011. Defendant moved to decertify the class in 2013 based on the United States Supreme Court opinions in Dukes and Comcast together with two recent Tenth Circuit opinions vacating class certification orders in similar oil and gas royalty cases: ... Keep Reading »
7th Circuit Vacates Decision Declining To Certify Consumer Class Against Roofing Shingle Manufacturer Based On Incorrect Reading Of Comcast And Dukes
The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the district court had incorrectly read Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), and Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to require proof “that the plaintiffs will experience common damage and that their claimed damages are not ... Keep Reading »
District Court Rejects Nationwide Class, But Certifies California-Only Consumer Class After Conducting Rigorous Analysis of Damages Models Under Comcast
In Werdebaugh v. Blue Diamond Growers, the plaintiff brought suit in the United States District Court for the Northern District of California to certify a nationwide class of consumers who purchased Blue Diamond almond milk products containing allegedly false and deceptive labels. He alleged violations of California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. The plaintiff moved for certification of a class seeking injunctive ... Keep Reading »
California District Court Finds Plaintiff’s Proposed Damages Models Insufficient Under Comcast; Denies Certification Under Rule 23(b)(3) But Certifies 23(b)(2) Class
The U.S. District Court for the Northern District of California certified a Rule 23(b)(2) class for injunctive and declaratory relief but denied plaintiff’s motion for class certification under Rule 23(b)(3) because plaintiff failed to present a sufficient damages model as required byComcast v. Behrend, 133 S. Ct. 1426, 1430 (2013). Plaintiff’s putative class action complaint alleged that product labels on 51 varieties of Twinings tea, and statements contained on the ... Keep Reading »