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)
Defendant
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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