Kay

Kay v. Copper Cane, LLC

Good Law
United States District Court, Northern District of CaliforniaJuly 14, 20213:20-cv-04068California5,387 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 BARRY N. KAY, et al., Case No. 20-cv-04068-RS Plaintiffs, 11 v. ORDER DENYING IN PART AND GRANTING IN PART WITH LEAVE

COPPER CANE, LLC, TO AMEND MOTION TO DISMISS

13 Defendant.

I. INTRODUCTION Plaintiffs Barry N. Kay and Bryan J. Dodge Jr. bring this putative class action challenging as misleading the labels affixed to a line of Defendant Copper Cane, LLC’s (“Copper Cane”) pinot noirs. Specifically, they claim to have been deceived by references to the wine’s appellation of origin in Oregon generally and three valleys in Oregon specifically, as well as the grapes’ purported coastal roots. Copper Cane now moves to dismiss the operative complaint. For the reasons set forth below, the motion is denied in part and granted in part with leave to amend. II. BACKGROUND A. Statutory Background The Federal Alcohol Administration Act…

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