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· 10/7/1902

Gilbraith v. Stewart Transp. Co.

Citations

  • 121 F. 540
  • 64 L.R.A. 193
  • 1902 U.S. App. LEXIS 4711

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that plaintiffs had standing to pursue injunctive relief where they alleged an intention to purchase the products at issue in the future
  • warning that, if lack of receipts dooms certification, “there would be no such thing as a consumer class action” in cases concerning false or deceptive labeling of small-value items
  • finding that plaintiff’s claims under the CLRA and FAL accrued, and limitations period 22 began to run, when consumer purchased allegedly mislabeled iced tea
  • certifying class of consumers who purchased iced tea with “natural” on label despite plaintiffs’ lack of proofs of purchase, finding self-identification sufficient for ascertainability
  • certifying class of consumers who purchased iced tea with ''natural'' on label despite plaintiffs' lack of proofs of purchase, finding self-identification sufficient for ascertainability
  • denying summary 17 judgment where plaintiffs did not produce receipts but provided sworn testimony about economic 18 harm suffered

Source: CourtListener parenthetical corpus (CC0).

Judges: Grosscup

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.