An appellate ruling vacating class certification just about automatically counts as big win for defendants-but not always. On March 25, in a class action involving claims that Yoplait parent General Mills misled consumers about the health benefits of its YoPlus brand yogurt, the 11th U.S. Circuit Court of Appeals gave defense counsel at O’Melveny & Myers a harsh reminder that any appeal can backfire.
In January 2010, federal district court Judge Paul Huck in Ft. Lauderdale, Fla., certified a class of “all persons who purchased YoPlus in the state of Florida to obtain its claimed digestive health benefit.” General Mills filed an interlocutory appeal of the class certification, and a three-judge panel of the 11th Circuit vacated the order and remanded the case.
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