Watkins v. Vital Pharmaceuticals

Plaintiff filed a class action suit against Vital for its distribution of ZERO IMPACT protein bars that were erroneously marketed and labeled as having little to no impact on blood sugar. On appeal, Vital challenged the district court's sua sponte order remanding the suit to state court for failure to establish the amount in controversy requirement under the Class Action Fairness Act (CAFA), 28 U.S.C. 1453(c)(1). The court reversed and remanded, concluding that the undisputed Cimino declarations were sufficient to establish that CAFA's $5 million amount in controversy requirement was met. View "Watkins v. Vital Pharmaceuticals" on Justia Law