Waters v. Ferrara Candy Co., No. 17-2812 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's order remanding a putative class action, alleging that Ferrara engaged in false, deceptive, and misleading conduct by selling substantially under-filled boxes of Red Hot candies, back to state court. The court held that, even if plaintiffs prevailed in this case, they will be entitled to monetary relief and attorney's fees well below $5 million, regardless of whether the monetary relief comes in the form of compensatory damages, restitution, or disgorgement. Furthermore, Ferrara's affidavits were insufficient to quantify, beyond mere speculation, the costs it would incur in complying with an award of injunctive relief in this case.
Court Description: Per Curiam - Before Loken, Shepherd and Kelly, Circuit Judges] Civil case - Class Actions. The district court did not err in remanding this putative class action to state court under the provisions of 28 U.S.C. Section 1332(d)(2) because even if plaintiffs prevail on their claims that defendant engaged in false, misleading and deceptive conduct by selling substantially under-filled boxes of Red Hot candies, they will be entitled to monetary relief and attorney's fees well below the $5 million jurisdictional requirement; defendant's affidavits were insufficient to quantify, beyond mere speculation, the costs it would incur in complying with an award of injunctive relief, and it failed to establish by a preponderance of the evidence that the amount in controversy exceeds $5 million. [ October 12, 2017
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