A federal court has named Cohen Milstein Sellers & Toll PLLC sole interim class counsel to lead a proposed nationwide class of farmers in an unfair competition suit alleging DairyAmerica Inc. and California Dairies Inc. misreported nonfat dry milk prices, leading the farmers to receive lower payments for the sale of raw milk.
Magistrate Judge Dennis L. Beck of the U.S. District Court for the Eastern District of California on Friday granted plaintiffs’ motion to consolidate four actions against the dairy firms and picked Cohen Milstein after brushing aside claims made by Hagens Berman Sobol Shapiro LLP that it was the first to include a nationwide class and that Cohen Milstein was intentionally excluding potential plaintiffs.
“Cohen Milstein has done a majority of the preparation work leading to the filing of these actions, including investigation into the alleged misconduct and identification of the legal theory of the case,” the magistrate judge said in his order.
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The case is Gerald Carlin et al. v. DairyAmerica Inc. et al., case number 1:09-cv-00430, in the U.S. District Court for the Eastern District of California.
The original story was published by Law360 on June 3, 2009.