CytoSport has agreed to donate whatever is left over to charitable athletic events, like Susan G. Komen’s Race for the Cure.Read the whole thing at Above the Law. Will Chamberlain was a student in my Property class, but I can't take any credit for this, though the Center for Class Action Fairness apparently can.
Class Member. That’s nice of them. Are they funding the costs of running the event?
Counsel: No, they are going to give out free Muscle Milk.
Class Member: Isn’t that the kind of thing they’d want to do anyway for publicity reasons? I’m pretty sure Muscle Milk tries to give away its products to sports teams and at athletics events, not just because that’s a good thing to do, but also because it’s good for the brand profile. ... Anyway, are you at least discounting the value of the donated products? After all, CytoSport’s cost per unit has to be pretty low, and given that they are getting all these reputation benefits…
Counsel: No, the donations are valued at the retail value of the donated products.
Thursday, March 06, 2014
Class action objection in the form of a dialogue
Sample (footnotes omitted):