Judge should toss this lawsuit out. Probably won’t because doing so will reduce attorney fees. The lawyers for Kraft don’t want this case to end to early since they are getting paid by the hour.
Should be tossed, but doubtful it will be. A false advertising lawsuit against Barilla survived dismissal ~ buyer bought it instead of cheaper pasta because it says “Italy’s Number 1 Brand” making them think it was made in Italy... despite the fact it says made in USA on the back of the box...
Lawyers for Kraft will be lawyers that work for an insurance defense firm. The rates are sharply below market rates and they make it up in volume of cases, not churning the ones they get. The insured and the carrier will seek to have this case crushed as quickly an economically as possible to discourage similar efforts, and will closely monitor counsel’s progress to that end