U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number


Case Updates

Case dismissed

August 14, 2017

Motion for stay granted

July 12, 2016

An order to stay the appeal was granted pending the Supreme Court's resolution of Microsoft Corp. v. Baker.

U.S. Chamber files amicus brief

January 28, 2015

In its brief, the Chamber asked the Ninth Circuit to affirm the district court’s ruling which correctly refused to certify a class of purchasers of certain Hunt’s canned tomato products dating back to 2008. The brief argues that members of the putative class—consumers who bought a few particular cans bearing allegedly misleading labels—cannot be identified through objective evidence such as receipts. The brief goes on to assert that accordingly, the proposed class fails that ascertainability requirement implicit in Rule 23.

Andrew J. Pincus, Archis Parasharami, and Daniel E. Jones of Mayer Brown, LLP represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center in this case.

Case Documents