Court Again Rebuffs Nabisco’s Challenge to Remand Motion

A federal court in California has denied Nabisco, Inc.’s request that it reconsider a previous ruling granting a motion to remand a consumer fraud class action to state court for failing to satisfy the amount in controversy for diversity jurisdiction under the Class Action Fairness Act. Garcia v. Nabisco, Inc., No. 12-04272 (C.D. Cal., decided September 26, 2012). Because the product targeted by the plaintiff, “Wheat Thins 100% Whole Grain” crackers, is no longer on the market, the court rejected an estimate of expenses that would be incurred, if the plaintiffs succeed, to reformulate product packaging for other newly formulated products, “which are not the subject matter of this action.”