Berni v. Barilla

Case # 16-cv-04196
Case Name Berni v. Barilla
Jurisdiction US District Court for E.D. NY
Summary

Defendants market both "traditional" pastas and pastas designed for those with special diets, including "Gluten Free" and "Whole Grain."  Defendants retail all these varieties of pasta in identically-sized boxes.  However, the specialty pastas contain significantly more "non-functional slack fill" than the traditional pastas.  Additionally, the packaging is designed so that consumers cannot see the amount of slack fill before opening the box.  As a result of these practices, consumers end up with less specialty pasta than they believed they were purchasing.

Final Approval Date ongoing
Result
  1. Case is ongoing.
  2. Final Approval hearing held December 17, 2018.
Dismissal of Last Appeal N/A
Attachments Docket Report.pdf
Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
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Objection of Adam E. Schulman

Objectors Adam E. Schulman
Signers Adam E. Schulman
Attorneys
Summary
  1. Injunctive relief-only settlement cannot be certified.
  2. Opt out provisions do not cure settlement deficiencies.
  3. Settlement shows signs of self-dealing.
Attachments Objection of Adam E. Schulman.pdf
Plaintiffs' Response to Schulman Objection.pdf
Defendants' Response to Schulman Objection.pdf
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