Smucker False Ad Plaintiff Can Recover Fees, Judge Rules

Law360, Los Angeles (June 21, 2013, 3:14 PM EDT) -- A California federal judge ruled Wednesday that the lead plaintiff in a false advertising class action against The J.M. Smucker Co. is entitled to an award of millions of dollars in attorneys' fees even though she was removed from the case after filing bankruptcy.

U.S. District Judge George H. King agreed with Mary Henderson that she had standing to claim attorneys' fees as the "successful" or "prevailing" party in the lawsuit, which alleged Smucker falsely marketed products full of hydrogenated oils as healthy. In May 2012,...
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