This judge must have been hoppy to see this case on her docket.
A federal judge in Nevada wrote a pun-filled order for a dispute over beer.
The case relates to pints of Stella Artois sold at Red Robin restaurants, Law & Crime reported. A group of plaintiffs alleged that the chalice-style glasses the restaurant used to serve Stella Artois only held 14 ounces of beer, 2 ounces short of the pint they were promised.
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Red Robin had asked for the case to be moved from state to federal court under the Class Action Fairness Act. The law allows class action cases to be moved up if the dispute covers more than $5 million. The plaintiffs disagreed with the move and filed a request asking the case be moved back to state court.
The restaurant said it sold more than $16 million worth of Stella Artois at its 454 corporate-owned restaurants between 2016 and 2020, plus an undetermined additional amount from 102 franchised locations.
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However, U.S. District Court Judge Jennifer Dorsey ordered that the case be sent back to state court. In a punny order filed Feb. 12, she called Red Robin’s figures “mostly foam.”
Dorsey found that Red Robin had tried to “tap” past sales figures and, in a “strange brew,” included attorney fees in the amount of money on the line in the case in an effort to reach the $5 million “fill line.”
Not all of the $16 million in Stella Artois sales had been the 16-ounce beers, the judge noted. And calculating just the 2 ounces per beer in question, the shortage “distills” down to just $887,500.
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Dorsey wrote that the analysis “takes the fizz out of” the numbers provided by Red Robin.
“Because Red Robin’s figures are mostly foam and fail to satisfy CAFA’s jurisdictional amount-in-controversy threshold, I grant the motion,” Dorsey wrote in her order.