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ARTICLE · 18 JULY 2017

UPDATE: The Revival Of ECJ Lawsuits*

Morrison Foerster
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On June 8, 2017, Judge Carney dismissed Plaintiff's class action Complaint because she failed to provide specifics about her own Sports Beans purchase. The court held that the Complaint was implausible...

United StatesLitigation, Mediation & Arbitration

*This is an update to a previous post on the Class Dismissed blog, seen here.

On June 8, 2017, Judge Carney dismissed Plaintiff's class action Complaint because she failed to provide specifics about her own Sports Beans purchase. The court held that the Complaint was implausible because it only provides a cursory and formulaic recitation that Ms. Gomez purchased the Product relying on Jelly Belly's representations regarding the ingredients of the Product, and that but for those representations, she would not have purchased or paid as much for the Product. See Gomez v. Jelly Belly Candy Company et al., No. EDCV 17-00575-CJC(FFMx) (C.D. Cal. June 8, 2017) (Dkt. No. 17) (order granting motion to dismiss with leave to amend). The Judge noted that "[a]bsent from the complaint are any factual allegations concerning the circumstances of Gomez's purchase of the product, how she intended to use the product, whether she in fact expected a sugar-free product, whether she

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