Keil v. Lopez, No. 16-3159 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's order approving a class action settlement and awarding attorneys' fees. Plaintiffs filed suit against Blue Buffalo, alleging that the pet food company broke its "True Blue Promise" that its products contained no chicken or poultry by-product meals. The court held that, in light of the Van Horn factors, the settlement was fair, reasonable, and adequate; it was not an abuse of discretion to find that a settlement providing such benefits was fair to all class members, including those who may have had additional state-law claims; and the attorneys' fees and costs were reasonable.
Court Description: Gruender, Author, with Murphy and Kelly, Circuit Judges] Civil case - Class Actions. In class action alleging Blue Buffalo's pet food products were not properly labeled, the district court's failure to discuss all of the Van Horn factors in its decision approving the settlement causes concern; however, the record reflects the district court had before it the information necessary to consider the fairness of the settlement agreement, and the court finds that the facts in the record support the conclusion that the settlement is fair, reasonable and adequate; the settlement is also fair to class members who may have additional state-law claims; the attorneys' fees and expenses award was reasonable, and the district court did not abuse its discretion in approving them.
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