The Daily Journal had an interesting article Monday, noting an increase in food-related consumer class action filings since Concepcion and the Ninth Circuit's 2008 opinion, Williams v. Gerber Products Co., 523 F.3d 934 (9th Cir. 2008) (discussed in these blog posts).
A couple of snippets from the article:
[David T.] Biderman [of Perkins Coie] and others think the growth in filings can be credited in part to AT&T Mobility v. Concepcion, the landmark Supreme Court decision last year that excludes many consumers from class actions because of contracts they signed. Unlike many consumer products, food or goods bought in a local grocery store do not come with a contract.
Some attorneys say the Gerber decision has swayed some judges - particularly in the Northern District - to throw out motions to dismiss.
"In the Northern District, they have been more accommodating to plaintiffs," [William L.] Stern said.