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Consumer Law
Product Liability
Unlawful, Fraudulent, Unfair, Misleading Representation

Deena Klacko, individually and on behalf of all others similarly situated v. Diamond Foods Inc.

Published: May 16, 2015 | Result Date: Oct. 30, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 9:14-cv-80005-BB Settlement –  $2,750,000

Court

USDC Florida


Attorneys

Plaintiff

L. DeWayne Layfield
(Law Office of L. DeWayne Layfield PLLC)

Anthony J. Orshansky
(CounselOne PC)

Justin Kachadoorian
(CounselOne PC)

Benjamin M. Lopatin


Defendant

Joanna C. Wade

Sean D. Meenan

Amanda Groves
(Winston & Strawn LLP)


Facts

Deena Klacko individually and on behalf of all others similarly situated sued Diamond Foods Inc. relating to the labeling of its Kettle Brand products.

Contentions

PLAINTIFF'S CONTENTIONS:
Deena Klacko mislabeled as "All Natural" even though they contained synthetic or artificial ingredients such as maltodextrin and/or dextrose. Klacko filed a class action against Diamond Foods Inc. for false, deceptive, unfair and unlawful business practices in violation of Florida's Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of express warranty, and violation of the Magnusson-Moss Warranty Act.

DEFENDANT'S CONTENTIONS:
Diamond Foods contended that it complied with the law and denied wrongdoing.

Result

The parties reached a settlement of $2,750,000 to satisfy all approved claims. The class includes those who purchased the products in question in the United States from Jan. 3, 2010 through the Notice Date. Those with proof of purchase will receive a maximum of $20 and those without proof of purchase will receive a maximum of $10.

Other Information

FILING DATE: Jan. 3, 2014.


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