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Will SCOTUS Take Class Member Test This Time?

April 20, 2017, 4:00 AM

The U.S. Supreme Court will again have to decide whether to take a look at the class membership test, this time in a suit by plaintiffs alleging they were duped by “natural” labels on Wesson oils that contained genetically modified ingredients (Conagra Brands, Inc. v. Briseno, U.S., No. 16-1221, petition filed 4/10/17).

Conagra Brands Inc. sought review April 10 of a decision by the U.S. Court of Appeals for the Ninth Circuit that upheld certification of 11 statewide consumer classes.

The federal appeals courts are split on how to show who belongs in the class, sometimes called “ascertainability.”...

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