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Jones v. ConAgra Foods, Inc.
On August 14, 2017, the U.S. Court of Appeals for the Ninth Circuit granted the parties’ joint motion to dismiss the plaintiffs’ appeal, with prejudice, in light of the U.S. Supreme Court’s ruling in Microsoft v. Baker. The case arose from a putative class-action lawsuit alleging that consumers were deceived by ConAgra’s “all-natural” labeling on dozens of varieties of Hunt’s canned tomato products over a five-year period. In its brief opposing class certification, WLF argued that imposing an ascertainability requirement for class actions not only protects defendants by ensuring that all people whom the final judgment will bind are clearly identifiable, but it also safeguards the rights of absent class members to receive fair notice of the litigation. WLF’s brief also demonstrated that requiring ascertainability does not foreclose certification of all consumer class actions, but simply ensures some reliable, administratively feasible way of identifying class members.
Case Status:
Appeal voluntarily dismissed.
More Information and Downloads:
1/28/2015: Download the Brief

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