Last week the Ninth Circuit concluded that a campaign for class certification brought by dog food purchasers was all bark and no bite.
In a memorandum disposition issued on December 9, 2020, the Ninth Circuit affirmed the district court’s denial of class certification on predominance grounds, because of the varying nature of the labeling representations at issue, and because plaintiffs failed to present a viable damages model. Reitman v. Champion Petfoods USA, Inc., et al., No. 19-56467, 2020 WL 7238439 (9th Cir. Dec. 9, 2020). The panel also reaffirmed the principle that full refunds are not a recoverable form of damages for consumer goods that plaintiffs purchase and use—and thus receive some value from.
Continue Reading Recent Ruling: Ninth Circuit Rules that Dog Food Purchasers’ Class Certification Campaign Has No Bite