Ercoline v. Unilever United States

Case # 10-cv-01747
Case Name Ercoline v. Unilever United States
Jurisdiction US District Court for NJ
Summary

Unilever retails ice cream under the brand name "Breyers." They have an Original Brand, as well as a "Smooth & Dreamy" brand, which purports to contain 1/3 the calories of regular ice cream. Plaintiffs allege that the "Smooth & Dreamy" ice cream actually only contains a 15% reduction in calories vs a comparable Breyers Original flavor.

Final Approval Date 03/21/2011
Result
  1. Final Approval granted.
  2. Objector Sabota (through Attorney Langone) appealed the Final Approval.
  3. Appeal was voluntarily withdrawn.
Dismissal of Last Appeal 10/31/2011
Attachments Class Action Complaint.pdf
Preliminary Approval.pdf
Final Approval.pdf
Docket Report.pdf
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Objection of Theodore H. Frank

Objectors Theodore H. Frank
Signers Theodore H. Frank
Attorneys Theodore H. Frank
Summary
  1. Settlement fails to provide unnamed class members with monetary compensation.
  2. Injunctive relief may be illusory.
  3. Procedures for objectors are unfairly burdensome.
Attachments Objection of Theodore H Frank.pdf
Reply in Support of Frank Objection.pdf
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Objection of Cassandra Sabota

Objectors Cassandra Sabota
Signers Christopher V. Langone
Attorneys Christopher V. Langone
Summary
  1. Settlement fails to provide monetary relief to the class.
  2. Claim is strong enough to warrant some monetary relief, not simply a change in labeling practices.
  3. Attorneys' fee notice was not made adequately available.
Attachments Objection of Cassandra Sabota.pdf
Appeal of Objector Sabota.pdf
Dismissal of Appeal of Objector Sabota.pdf
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