Rehearing Denied After Reversal Of Dismissal With Prejudice Of Underfill Suit

(February 23, 2024, 12:03 PM EST) -- PASADENA, Calif. — Members of a Ninth Circuit U.S. Court of Appeals panel denied rehearing after the majority ruled that a trial court abused its discretion when it denied in part a motion by consumers to voluntarily dismiss without prejudice their individual and putative class claims alleging underfill of lower calorie ice cream and instead dismissed the individual claims with prejudice after the plaintiffs expressed their intent to file a new suit with a new theory of liability....