A district court in Illinois recently dismissed putative class action claims against Fannie May Confections Brands, Inc. based on allegations that certain boxes of their sugary treats contained fewer candies than expected. Benson v. Fannie May Confections Brands, Inc., No. 17 C 3519, 2018 WL 1087639, at *1 (N.D. Ill. Feb. 28, 2018).
The facts of the case are short and sweet. Plaintiffs purchased two boxes of candy, Mint Meltaways and Pixies, from Fannie May for approximately $10 each. Upon opening the boxes, Plaintiffs discovered that they were occupied by between 33% and 40% of empty space, or “slack fill.” Id. Plaintiffs brought a putative class action on behalf of purchasers of the candies they purchased, as well as eight varieties of Fannie May candies that they did not purchase, all of which were sold in similar 7-ounce boxes that included over 33% slack fill. Id. Plaintiffs asserted claims for violations of the Illinois Consumer Fraud and
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We know it’s still hockey season but an interesting decision from the Ninth Circuit recently caught our eye involving the national pastime. Hoping to catch a foul ball in the stands has long been a fan-favorite part of America’s pastime. But in an age of increased pitching and hitting speedsRead the full article →
As consumers continue to file putative class actions for allegedly defective products, it is imperative that practitioners take note of how federal courts are applying the requirements of Federal Rule of Civil Procedure 23. Recently, the District Court of New Jersey denied class certification of a proposed putative class actionRead the full article →
Recently, Judge David Nuffer of the U.S. District Court for the District of Utah denied Federal Cartridge Company’s motion for summary judgment regarding claims for defective manufacture and breach of implied warranty arising from injuries sustained by Jacob Barben, a hunter, when his shotgun’s barrel burst upon firing. See BarbenRead the full article →
Earlier this month, Judge Yvonne Gonzales Rogers of the United States District Court for the Northern District of California granted a summary judgment motion filed by Starbucks Corporation (“Starbucks”), dismissing all counts brought by a putative class alleging that Starbucks “uniformly underfills its lattes and mochas” to “save on the costRead the full article →