Knevelbaard Dairies v. Kraft Foods, Inc.

I respectfully dissent on two separate grounds. First, I cannot agree with the majority’s conclusion that we have jurisdiction over this appeal. The record contains no “final decision” of the district court, as 28 U.S.C. § 1291 requires. Second, even if we did have jurisdiction, I do not agree with the majority that plaintiffs have adequately stated claims for relief under California’s Cartwright Act and unfair competition law, California Business and Professions Code §§ 17200 et seq. Accepting plaintiffs’ allegations as true, as we must under Rule 12(b)(6) of the Federal Rules of Civil…