A federal court in California has denied Chipotle Mexican Grill’s motion to
dismiss putative class claims alleging that the company fraudulently represents
that it uses only naturally raised meat in its menu items. Hernandez v.
Chipotle Mexican Grill, Inc., No. 12-5543 (C.D. Cal., order entered
August 23, 2012). According to the court, “Plaintiff need not show that he
consumed non-naturally raised meat on one of his visits to Chipotle [because] the harm alleged [is that] Plaintiff purchased food at Chipotle, at a premium,
based on Defendant’s representations that non-naturally raised meat was not
used there.”

The court also determined that the plaintiff adequately alleged a claim for fraudulent concealment and denied as premature that part of the defendant’s motion addressing the class allegations. The court did, however, order briefing on whether plaintiff’s counsel “would be adequate counsel to represent the class if a class were certified.” In this regard, the court observed, “it appears an early preliminary determination of whether Plaintiff’s counsel would be adequate class counsel would serve the interests of the putative class and of judicial economy.” Among other matters, the court indicated that plaintiff’s counsel’s response should provide any agreement between the plaintiff and counsel, “any agreement relating to this action with any other person or entity, and counsel’s proposal for terms for attorney’s fees and nontaxable costs.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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