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MCGEE v. S-L SNACKS NAT.

No. 17-55577.

982 F.3d 700 (2020)

Jacquelyn MCGEE, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. S-L SNACKS NATIONAL, in place of Diamond Foods, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 4, 2020.

Attorney(s) appearing for the Case

Gregory S. Weston (argued), The Weston Firm, San Diego, California, for Plaintiff-Appellant.

Andrew C. Nichols (argued) and Stephanie A. Maloney , Winston & Strawn LLP, Washington, D.C.; Amanda L. Groves , Winston & Strawn LLP, Charlotte, North Carolina; for Defendant-Appellee.

Before: A. Wallace Tashima and Kim McLane Wardlaw, Circuit Judges, and Robert W. Pratt, District Judge.

OPINION

Plaintiff Jacquelyn McGee purchased and consumed Pop Secret brand popcorn manufactured by defendant, Diamond Foods, Inc. ("Diamond"). McGee contends that Diamond engaged in unfair practices, created a nuisance, and breached the warranty of merchantability by including partially hydrogenated oils ("PHOs"...

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