Legal Opinion

Backus v. Biscomerica Corp.

District Court, N.D. California

Decided March 29, 2019No. Case No. 16-cv-03916-HSGPublishedCited by 2 opinions

1Opinion of the Court

HAYWOOD S. GILLIAM, JR., United States District Judge

Plaintiff Troy Backus brought this putative class action against Defendant Biscomerica Corporation, claiming that it violated California's Unfair Competition Law ("UCL") by selling packaged cookies that contained partially hydrogenated oil ("PHO"). See First Amended Complaint ("FAC"), Dkt. No. 35. The Court dismissed Backus's original complaint on preemption grounds. See Dkt. No. 32. Backus's amended complaint contains essentially the same allegations, except for alleging a narrower time period. And once again, Backus's claims crumble.…

2Cases cited12 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
  4. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  5. Manzarek v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Ninth Circuit · 2008

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Beasley v. Tootsie Roll Industries, Inc.California Court of Appeal · 2022
  2. Stuve v. Kraft Heinz Company, TheDistrict Court, N.D. Illinois · 2023

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