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TOMASELLA v. NESTLÉ USA, INC.

Nos. 19-1130, 19-1131, 19-1132.

962 F.3d 60 (2020)

Danell TOMASELLA, on behalf of herself and all others similarly situated, Plaintiff, Appellant, v. NESTLÉ USA, INC., a Delaware corporation, Defendant, Appellee. Danell Tomasella, on behalf of herself and all others similarly situated, Plaintiff, Appellant, v. Mars, Inc., a Delaware corporation; and Mars Chocolate North America LLC, a Delaware company, Defendants, Appellees. Danell Tomasella, on behalf of herself and all others similarly situated, Plaintiff, Appellant, v. The Hershey Company, a Delaware corporation; Hershey Chocolate & Confectionery Corporation, a Delaware corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 16, 2020.

Attorney(s) appearing for the Case

Elaine T. Byszewski , with whom Steve W. Berman , and Hagens Berman Sobol Shapiro LLP, were on brief, for appellant.

Bryan A. Merryman , with whom Michael Kendall , Lauren M. Papenhausen , Karen Eisenstadt , and White & Case LLP, were on brief, for appellee Nestlé USA, Inc.

David M. Horniak , with whom Alison M. Newman , Stephen D. Raber , and Williams & Connolly LLP, were on brief, Washington, DC, for appellees Mars, Inc. and Mars Chocolate North America LLC.

Jonah M. Knobler , with whom Steven A. Zalesin , and Patterson Belknap Webb & Tyler LLP, were on brief, New York, NY, for appellees The Hershey Company and Hershey Chocolate & Confectionery Corporation.

Before Torruella, Lynch, and Kayatta, Circuit Judges.

Danell Tomasella ("Tomasella") appeals the district court's dismissal of her claims in three putative class action lawsuits against Nestlé USA, Inc. ("Nestlé"), Mars, Inc. ("Mars"), and The Hershey Company ("Hershey") (collectively "Defendants"). Tomasella alleged that Defendants' failure to disclose on the packaging...

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