Nicole and Guy Mael, Nadine Vigliano, Britney Morea, Carol Conway, Angela Bertucci, and Tina Wiepert, on behalf of themselves and all others similarly situated v. Evanger's Dog and Cat Food Co. Inc., Nutripack LLC, Against The Grain Pet Foods, Sher Services Company Inc.
Published: Apr. 3, 2020 | Result Date: Oct. 25, 2019 |Case number: 3:17-cv-05469-RBL Settlement – $545,500
Court
USDC Western Washington
Attorneys
Plaintiff
Beth E. Terrell
(Terrell Marshall Law Group PLLC)
Jennifer R. Murray
(Terrell Marshall Law Group PLLC)
Jessica J. Sleater
(Andersen Sleater Sianni LLC)
Defendant
John C. Graffe
(Johnson, Graffe, Keay, Moniz & Wick LLP)
Katherine A. Bozzo
(Johnson, Graffe, Keay, Moniz & Wick LLP)
William J. Brown Jr.
(Brown Wegner LLP)
William E. Wegner
(Brown Wegner LLP)
Gregory A. Bedell
(Knabe & Bedell)
Facts
Consumers that purchased Evanger's Hunk of Beef, Evanger's Braised Beef, or Against the Grain Pulled Beef with Gravy between Dec. 1, 2015 and June 30, 2017, brought a class action suit against the pet food manufacturer, Evanger's.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that the pet food was dangerous to animals because it contained poisonous ingredients. Plaintiffs contended that defendant's products contained dangerous chemicals that were commonly used to euthanize animals and execute humans. Plaintiffs further contended that their pets exhibited neurological symptoms after eating defendant's food and that at least one of their dogs died after eating the food.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The parties agreed to a $545,500 settlement. Class members with proof of purchase may collect a cash payment of up to 25 percent of the value of their purchase. Members may also elect to collect merchandise certificates valued at up to 50 percent of the purchased product's value.
Other Information
JUDGE: Hon. Ronald B. Leighton.
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