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Expert Analysis

Food For Thought? Chew On These Class Action Trends

Law360, New York (September 2, 2014, 10:37 AM EDT) -- Courts issued many class certification opinions in food and beverage class actions during the first half of 2014. These opinions demonstrate the continued difficulty in certifying food and beverage class actions, as only four[1] of the 11[2] opinions analyzed certified a class. In all cases, the Third Circuit's ascertainability analysis in Carrera,[3] the U.S. Supreme Court's predominance analysis of damages models in Comcast,[4] and the Ninth Circuit's choice-of-law decision in Mazza[5] are emerging as the precedents having the most impact on the certification decision....

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