Berni v. Barilla S.p.A., No. 19-1921 (2d Cir. 2020)Annotate this Case
Objector, a member of a class of past purchasers of pasta, argued that the district court erred in certifying plaintiffs as a Federal Rule of Civil Procedure 23(b)(2) class when the district court approved their settlement with Barilla. Plaintiffs and Barilla seek to preserve the settlement.
The Second Circuit held that past purchasers of a product—like the purchasers of Barilla pasta in this case—are not eligible for class certification under Rule 23(b)(2). The court explained that the district court erred in certifying plaintiffs as a Rule 23(b)(2) class because not all class members stand to benefit from injunctive relief, the kind of relief the settlement primarily provides. Accordingly, the court vacated the district court's order granting class settlement and remanded for further proceedings.