Class Action Goes “Pop” Where Challenged Trans Fats Were No “Secret”
By EsqSocial Corporation 02/02/21
In a recent decision, McGee v. S-L Snacks Nat’l, 982 F.3d 700 (9th Cir. Dec. 4, 2020), the Ninth Circuit upheld a district court’s dismissal of a putative class action for lack of Article III standing. McGee is notable for the court’s willingness, at the motion-to-dismiss stage, to subject a consumer’s theories of injury to meaningful scrutiny, and for its willingness to disregard conclusory and implausible allegations of harm....
By: Patterson Belknap Webb & Tyler LLP