9th Circ. Denies Atty Fees In Tootsie Roll Slack-Fill Suit

Law360 (April 13, 2020, 9:55 PM EDT) -- The Ninth Circuit on Monday upheld a lower court's decision denying attorney fees to a counsel who sued Tootsie Roll for allegedly underfilling boxes of Junior Mints and Sugar Babies, citing the lawyers have not established the lower court abused its discretion.

The panel said that California allows attorney fees to be granted under the "catalyst theory," when a lawsuit motivated the defendants to provide the requested relief. However, the changes Tootsie Roll Industries Inc. made to its candy boxes weren't the ones sought by plaintiff Ketrina Gordon.

During litigation, Tootsie Roll made changes to the product packaging that now shows how big the pieces of candy are and...

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