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Why 2nd Time Was Not The Charm For Baby Food Class Cert.

Law360 (March 6, 2018, 10:40 AM EST) -- On remand from the Ninth Circuit, Judge Koh last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons.

First, in denying the plaintiff’s Rule 23(b)(2) injunctive relief class based on changes to Gerber’s product labels, Judge Koh adds to the factual predicates necessary for injunctive standing. Second, in denying the plaintiff’s Rule 23(b)(3) damages class, Judge Koh reaffirms that a plaintiff must present a Comcast-complaint damage model to secure certification.

Judge Koh’s...
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