DUMONT v. REILY FOODS CO.

No. 18-2055.

934 F.3d 35 (2019)

Kathy DUMONT, individually and on behalf of all others similarly situated, Plaintiff, Appellant, v. REILY FOODS COMPANY; New England Coffee Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

August 8, 2019.


Attorney(s) appearing for the Case

John T. Longo , Providence, RI, and Citadel Consumer Litigation, PC on brief for appellant.

Timothy H. Madden , Donnelly, Conroy & Gelhaar, LLP, Boston, MA, Mark A. Cunningham , Thomas A. Casey, Jr. , John R. Guenard , and Jones Walker LLP, New Orleans, LA, on brief for appellees.

Before Torruella, Lynch, and Kayatta, Circuit Judges.


Defendant New England Coffee Company, operating as a subsidiary of Reily Foods Company,1 sells a "Hazelnut Crème" coffee. Kathy Dumont contends that she purchased the coffee because she thought that a coffee styled "Hazelnut Crème" contained some hazelnut. After learning that the "Hazelnut...

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