Fishbein v. All Market, Inc

Case # 11-cv-05580
Case Name Fishbein v. All Market, Inc
Jurisdiction US District Court for S.D. NY
Summary

All Market retails a coconut water product under the brand name "Vita Coco Coconut Water". The marketing for this product included phrases such as "super-hydrating", "mega-electrolyte", and "15 times the electrolytes found in sports drinks." However, independent studies demonstrated that some products contained significantly less sodium and magnesium (common electrolytes) than advertised. They used this marketing, despite knowing that the product packaging and preservatives degraded the nutritional content.

Final Approval Date 08/22/2012
Result
  1. Final Approval granted.
  2. Objection overruled.
  3. Objector Blanchard, through Attorney Bandas, appealed the Final Approval.
  4. Appeal was voluntarily dismissed.
Dismissal of Last Appeal 04/26/2013
Attachments Docket Report.pdf
Amended Class Action Complaint.pdf
Preliminary Approval.pdf
Order Granting Attorneys' Fees.pdf
Final Order.pdf
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Objection of Tim Blanchard

Objectors Tim Blanchard
Signers Tim Blanchard
Attorneys Christopher A. Bandas
Summary
  1. Differences in state consumer protection laws should prevent the class from being certified.
  2. Attorneys' fees are excessive and improperly calculated.

NOTE: Christopher Bandas filed his appearance on the appeal.

Attachments Objection of Tim Blanchard.pdf
Plaintiff's Response to Objection.pdf
Appeal of Objector Blanchard.pdf
Bandas Appearance for Objector-Appellant Blanchard.pdf
Dismissal of Blanchard Appeal.pdf
Blanchard Appeal Docket.pdf
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