Cowen v. Lenny & Larry's

Case # 17-cv-01530
Case Name Cowen v. Lenny & Larry's
Jurisdiction US District Court for N.D. IL
Summary

Defendants retail cookie-style dietary supplements.  Plaintiffs allege that Defendant's marketing and labeling substantially misrepresents the nutritional contents of the product.

Final Approval Date ongoing
Result
  1. Case is ongoing.
  2. Final Approval hearing set for March 19, 2019.
Dismissal of Last Appeal N/A
Attachments Docket Report.pdf
Third Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
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Objection of Theodore H. Frank

Objectors Theodore H. Frank
Signers Theodore H. Frank
M. Frank Bednarz
Attorneys M. Frank Bednarz
Summary
  1. Objection deadline is prior to the end of the claims period and the submission of the fee motion.
    • Class members are thus unable to assess the fairness of the settlement.
  2. Administration costs, fluid recovery, and cy pres provisions must be excluded from the settlement valuation.
  3. Cy pres provisions amount to a marketing campaign for Defendants.
  4. "Clear sailing" and "kicker" provisions are improper.
  5. Release is overbroad.
  6. Expansion from Illinois class to nationwide class is improper.
  7. Objection and opt-out provisions are overly burdensome.
Attachments Objection of Theodore H. Frank.pdf
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