Oregon’s GMO labeling initiative failed by 837 votes after an automatic recount.  After the November 4, 2014, election, Measure 92 failed by only 812 votes, triggering an automatic recount.  Oregon’s 36 counties completed their recounts on December 13, 2014, showing that Measure 92 failed  in an overall vote of 752,737 in favor and 753,574 against,

Judges in the U.S. District Court for the Northern District of California are split on the sufficiency of damages evidence at the class certification stage. Jones v. ConAgra Foods, IncNo. C 12-01633 CRB, 2014 WL 2702726 (N.D. Cal. Jun. 13, 2014) is the most recent decision.  In Jones, Judge Charles R. Breyer rejected each of the plaintiffs’ three damages models (“full refund,” “price premium,” and “regression”) as incapable of showing class-wide damages under the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426, 1432 (2013).  Judge Breyer ultimately denied class certification in Jones.  By contrast, in two other cases, Judge Lucy H. Koh accepted the plaintiffs’ regression damages models and certified California classes.  Brazil v. Dole Packaged Foods LLC, No.12-CV-01831-LHK, 2014 WL 2466559 (N.D. Cal. May 30, 2014); Werdebaugh v. Blue Diamond Growers, No. 12-CV-2724-LHK, 2014 WL 2191901 (N.D. Cal. May 23, 2014).  The plaintiffs in the Jones case have filed a notice of appeal.  Dole Packaged Foods is seeking a permissive appeal in its case under Federal Rule of Civil Procedure (“Rule”) 23(f).  Thus, the Ninth Circuit will have the opportunity to weigh in on this issue.  But it likely will be several months before the Ninth Circuit issues any decision.
Continue Reading California Northern District Judges Split on Sufficiency of Damages Evidence at Class Certification – Will Ninth Circuit Weigh In?