Thursday, March 06, 2014

Class action objection in the form of a dialogue

Sample (footnotes omitted):
CytoSport has agreed to donate whatever is left over to charitable athletic events, like Susan G. Komen’s Race for the Cure.
Class Member. That’s nice of them. Are they funding the costs of running the event?
Counsel: No, they are going to give out free Muscle Milk.
Class Member: Isn’t that the kind of thing they’d want to do anyway for publicity reasons? I’m pretty  sure  Muscle  Milk tries  to  give  away  its  products  to  sports  teams  and  at  athletics  events, not  just because that’s a good thing to do, but also because it’s good for the brand profile. ... Anyway, are you at least discounting the value of the donated products? After all, CytoSport’s cost per unit has to be pretty low, and given that they are getting all these reputation benefits…
Counsel: No, the donations are valued at the retail value of the donated products.
Read the whole thing at Above the Law.  Will Chamberlain was a student in my Property class, but I can't take any credit for this, though the Center for Class Action Fairness apparently can.

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