S.D.N.Y. · No. 1:26-cv-08378
Full docket on CourtListener ↗
No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).
| Matter | Type | Practice area | Court | Date | Value |
|---|---|---|---|---|---|
| Luthman Backlund Foods USA Inc.source ↗ filed by The Russo Firm · No. 1:26-cv-08378 · 28:1332fr Diversity-Fraud · view case timeline → Comparable settlements $200M–$740M ▾False-advertising/labeling claims show split outcomes: Citizens of Humanity affirmed dismissal of a 'Made in USA' claim for lack of probable cause, while Cetorelli affirmed treble damages under a state consumer-protection statute; Guthrie shows certification is often denied absent common proof of reliance. Comparable settlements $200M–$740M median $274.75M · n=10 DiDi Global Inc. $740M · Merck & Co. Inc. a $688M · Toyota Industries $436M Per member (realized): ~$2,500 median · $2,500–$2,500 (n=1) Comparable verdict: Papaya $420M · VPX, Inc. $293M Key precedent: Citizens of Humanity v. Donboli - directly analogous labeling/false-advertising class action showing courts scrutinize proof of falsity and can dismiss on the merits. Main risk: Dismissal or certification denial for lack of common proof of deception/reliance, as in Guthrie and Citizens of Humanity. This defendant: Prior filing (Avalos v. Luthman Backlund Foods USA Inc., same False Advertising theory) suggests a recurring exposure pattern for this defendant. Rough EV model (wide — class size is the big unknown, not a prediction): $125K–$62.50M Extremely thin data: no confirmed class size, defendant revenue, or directly comparable food false-advertising settlement; ranges are illustrative, not predictive. · grounded in 10 rulings, 10 settlements, 9 verdicts | Filing | False Advertising | S.D.N.Y. | 2026-09-25 | $200M–$740M comparable settlements |