EMPLOYEES' RETIREMENT SYSTEM v. WHOLE FOODS

No. 17-50840.

905 F.3d 892 (2018)

EMPLOYEES' RETIREMENT SYSTEM of the State of Hawaii, Plaintiff-Appellant v. WHOLE FOODS MARKET, INCORPORATED; John P. Mackey; Glenda Jane Flanagan; Walter E. Robb; A.C. Gallo; David Lannon; Kenneth J. Meyer, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED October 3, 2018.


Attorney(s) appearing for the Case

Susan Katina Alexander, Esq. , Andrew Love , Shawn A. Williams , Robbins Geller Rudman & Dowd, L.L.P., San Francisco, CA, for Plaintiff-Appellant.

Gregory John Casas, Esq. , Jesse Wadell Wainwright , Greenberg Traurig, L.L.P., Austin, TX, Jason Scott Lewis , Greenberg Traurig, L.L.P., Dallas, TX, for Defendants-Appellees.

Before KING, ELROD, and HAYNES, Circuit Judges.


Whole Foods Market, Inc. — an international grocery-store chain specializing in organic products — recently ran into trouble with several state and local consumer-protection agencies for weights-and-measures violations. On multiple occasions, Whole Foods admitted to mislabeling prepackaged foods such that it charged...

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