Three counts equals only single ‘claim’Hobbs v. Gerber Products

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 19, 2018 1:57 PM

Linda Hobbs’ three-count class action against Gerber Products for reportedly making false statements when marketing its Good Start Gentle infant formula, referred to as GSG, alleged a violation of the Illinois Consumer Fraud Act, or ICFA, breach of express warranty and common law fraud, but Gerber — in moving to dismiss for “failure to state a claim upon which relief can be granted” under Federal Rule of Civil Procedure 12(b)(6) — “proceeds as if the complaint asserts three claims (as …

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