Julie Fitzpatrick v. GMI, No. 10-11064 (11th Cir. 2011)
Annotate this CasePlaintiff sued defendants, General Mills, Inc. and wholly-owned subsidiary Yoplait, USA, Inc., for allegedly violating the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") and for breach of an express warranty by making false and misleading claims about the digestive health benefits of YoPlus yogurt. At issue is whether the district court abused its discretion under Federal Rule of Civil Procedure 23(a) and the FDUTPA by granting class certification and by defining the class as "all persons who purchased YoPlus in the State of Florida to obtain its claimed digestive health benefit" since such a definition requires individualized fact-finding. The court held that the class as certified is not consistent with the analysis of the law and therefore, the order certifying the class is vacated and remanded.
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