Ploss, et al. v. Kraft Foods Group, Inc., et al., 15-cv-2937 (JFK) (N.D. Ill.)

On October 28, 2022, the Court (The Honorable John F. Kness) issued a Memorandum Opinion and Order that denied, with one limited exception, Defendants’ motions seeking to exclude testimony offered by Plaintiffs’ expert witnesses.  In denying Defendants’ motions, the Court held that “Defendants’ arguments would more appropriately be made through ‘[v]igorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof,’ which are “the traditional and appropriate means of attacking shaky but admissible evidence.’”

The Class previously certified by the Court is defined as all persons or entities who either:

1. purchased a CBT December 2011 Contract or a CBT March 2012 Contract after October 31, 2011 except that purchases of CBT March 2012 Contracts made after December 14, 2011 qualify for inclusion in the Class only to the extent they were made in liquidation of a short position in the CBT March 2012 Contract (whether an outright short position or as part of a spread position) which was sold between November 1 and December 14, 2011 inclusive; or
2. sold put options or purchased call options on the CBT December 2011 Contract or on the CBT March 2012 Contract after October 31, 2011 except that sales of put options or purchases of call options on the CBT March 2012 Contracts made after December 14, 2011 qualify for inclusion in the Class only to the extent they were made in liquidation of a position in the CBT March 2012 Contract (whether an outright position or as part of a spread position) which was initiated between November 1 and December 14, 2011 inclusive.

The Firm is Court appointed Co-Lead Counsel for the Class.  For further information, please contact Ian Stoll (istoll@lshllp.com).