DC Circ. Wary Of Putting Mass Tort Limit On Whole Foods Suit

Law360, Washington (September 25, 2019, 8:59 PM EDT) -- A D.C. Circuit panel expressed strong skepticism Wednesday that Whole Foods Market Inc. should be shielded from a nationwide class action after the company argued a 2017 U.S. Supreme Court decision requires would-be class members to first establish a connection to Washington, D.C., where the suit was filed.

Chief Circuit Judge Merrick Garland and Circuit Judges David Tatel and Lawrence Silberman shot back at Greenberg Traurig shareholder Gregory J. Casas’ contention during oral arguments, saying they are not convinced the Supreme Court’s 8-1 decision in Bristol-Myers Squibb Co. v. Superior Court, which limits personal jurisdiction in mass torts, applies to class actions. 

Moreover, the judges noted that the high court...

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