Accepted Offer of Judgment Moots Tassimo Brewer Class Appeal

A coffee drinker’s acceptance of a $250 offer of judgment from Kraft Foods and Starbucks foreclosed her challenge to the denial of class certification in her case, the Sixth Circuit said in an unpublished opinion May 16 (Montgomery v. Kraft Foods Global, Inc., 2016 BL 154372, 6th Cir., 151283, unpublished 5/16/16).

Plaintiff Pamella Montgomery no longer possessed a stake in the outcome of a suit over the inability of Tassimo single-cup brewers to use Starbucks products, the court said.

Judge Deborah L. Cook distinguished the ruling from the U.S. Supreme Court’s contrary ruling in Campbell-Ewald Co. v. Gomez, 2016 BL 14352, 136 S. Ct. 663