Wave Of False Labeling Class Decertifications In Calif.

Law360, New York (April 29, 2016, 10:56 AM EDT) -- Stephen R. Freeland

Thomas E. Gilbertsen C.S. Lewis once wrote that "[t]ea should be taken in solitude." The Northern District of California recently concluded that one class action plaintiff should do likewise, holding that false labeling claims against tea manufacturer R.C. Bigelow Inc. could not proceed as a class action because there was no classwide damages model. This decision is the latest in a developing trend after the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, 133 S.Ct. 1426, 1433 (2013). Behrend obliges a class certification movant to present a classwide damages model that is (1) capable of identifying damages...

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