Safeway Customers' Cert. Bid On Hold In Recall Warning Suit
By Beth Winegarner
Law360, San Francisco (September 19, 2013, 8:40 PM EDT) -- A California federal judge declined Thursday to rule on Safeway “Club Card” holders' bid for nationwide class certification on claims Safeway Inc. should have warned them about product recalls, saying he must determine whether the grocery chain had a duty to warn cardholders before considering certification.
Although U.S. District Judge Richard Seeborg said that class certification motions aren't generally based on the meat of the complaint, the outcome of Dukes v. Wal-Mart requires that a “slice of the merits” be considered. In this case, however, answering...