KUCHARSKI-BERGER v. HILL'S PET NUTRITION

No. 122,833.

494 P.3d 283 (2021)

Stevie KUCHARSKI-BERGER, Appellant, v. HILL'S PET NUTRITION, INC., Appellee.

Court of Appeals of Kansas.

Opinion filed August 20, 2021.


Attorney(s) appearing for the Case

James P. Frickleton , of Bartimus Frickleton Robertson Rader, P.C., of Leawood, Kimberly J. Johnson and Wade H. Tomlinson , pro hac vice, of Pope McGlamry, PC, of Atlanta, Georgia, and Edward J. Coyne III , pro hac vice, of Ward and Smith, P.A., of Wilmington, Delaware, for appellant.

Jennifer B. Wieland , of Berkowitz Oliver LLP, of Kansas City, Missouri, Thomas P. Schult , pro hac vice, of the same firm, Yaira Dubin and Hannah Y. Chanoine , pro hac vice, of O'Melveny & Myers LLP, of New York, New York, Richard B. Goetz , pro hac vice, of the same firm, of Los Angeles, California, and Michael F. Tubach , pro hac vice, of the same firm, of San Francisco, California, for appellee.

Before Arnold-Burger, C.J., Gardner and Isherwood, JJ.


Stevie Kucharski-Berger bought prescription pet food manufactured by Hill's Pet Nutrition, Inc. (Hill's), on the advice of and with a required prescription from her veterinarian. After learning that Hill's prescription pet food has no medicine or drug, that no prescription is legally required to purchase it, and that it is not...

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