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In re: Pet Food Products Liability Litig., 08-4741

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By FindLaw Staff on December 16, 2010 4:09 PM

$24 million settlement in a class action suit against pet food manufacturer

In re: Pet Food Products Liability Litig., 08-4741, concerned a challenge to the district court's approval of a $24 million settlement in a class action lawsuit on behalf of consumers in the United States and Canada who purchased, used or obtained, or whose pets consumed, wet pet food that was allegedly contaminated with melamine and cyanuric acid.

 

In affirming in part, the court held that the district court exercised sound discretion by finding the adequacy of representation requirement was met, by declining to create subclasses, and by certifying the settlement class.  However, the court vacated and remanded the district court's order granting final approval of the $24 million settlement as, the district court lacked the information necessary to determine whether the $250,000 allocated to Purchase Claims was fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e).  Lastly, the court held that the objectors' challenge to the district court's order approving the settlement's release is without merit.

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