Legal Opinion
Geffner v. The Coca-Cola Company
Court of Appeals for the Second Circuit
Decided June 27, 2019No. 18-3548-cv; August Term 2018PublishedCited by 46 opinions
1Per curiam
Plaintiffs-Appellants Evan Geffner and Ivan Babsin ("Plaintiffs"), on behalf of *199 themselves and others similarly situated, brought a purported class action against Defendant-Appellee The Coca-Cola Company ("Coca-Cola") alleging that Coca-Cola violated several provisions of New York State law through misleading naming and marketing of its soft drink "Diet Coke." The District Court (Louis L. Stanton, Judge ) dismissed all claims under Federal Rule of Civil Procedure 12(b)(6). Consistent with the rulings of every court that has addressed this issue, we hold that when included in a soft drink…
2Cases cited7 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Mandarin Trading Ltd. v. WildensteinNew York Court of Appeals · 2011
- Orlander v. Staples, Inc.Court of Appeals for the Second Circuit · 2015
- Fink v. Time Warner CableCourt of Appeals for the Second Circuit · 2013
- Stanley Cohen, Gerald A. Garfinkle, Eastern Artists and Drafting Materials, Inc. v. Elliott Koenig, and Robert KoenigCourt of Appeals for the Second Circuit · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Chen v. Dunkin' Brands, Inc.Court of Appeals for the Second Circuit · 2020
- Shana Becerra v. Dr pepper/seven Up, Inc.Court of Appeals for the Ninth Circuit · 2019
- MacNaughton v. Young Living Essential Oils, LCCourt of Appeals for the Second Circuit · 2023
- Alpha Capital Anstalt v. Intellipharmaceutics International Inc.District Court, S.D. New York · 2020
- Ana Juneja, et al. v. Association of National Advertisers, Inc.District Court, S.D. New York · 2026
41 more not listed; retrieve them via the Exa API.