Media Coverage
Source: Law360
Media Coverage
Press Contacts: Erik Cummins, Matt Hyams, Olivia Thomas
10.16.17
An Illinois federal judge Thursday trimmed back a putative class action against a cookie maker, saying the consumers can’t press their allegations of nutritional label fraud nationwide.
U.S. District Court Judge Robert Gettleman said the three plaintiffs couldn’t press claims for cookie flavors they didn’t buy and said conflicting state laws mean they can’t bring claims in 50 states for purchases made in three. The claims concern the “Complete Cookie” brand manufactured and sold by Lenny & Larry’s, a California-based company.
Judge Gettleman dismissed the claims for the national and multistate classes, saying he was persuaded by defense arguments — which included five pages of specific examples — that dismissal was warranted by conflicting state laws concerning warranties, unjust enrichment, and misrepresentation.
"It’s pretty clear there are significant differences," said Pillsbury Litigation partner Robert Wallan, who represents Lenny & Larry’s. “There are differences in statute of limitations, there are differences in reliance.”
He said there have been a number of recent dismissals of class action claims on similar grounds, including a March dismissal his firm won for toilet-parts maker Fluidmaster.
“This seems to be a trend,” he said.
Wallan represents Lenny & Larry’s along with Kimberly Buffington and Ryan J. Vanderford in Los Angeles.