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AMG’S LITIGATION PRACTICE GROUP OBTAINS A FAVORABLE RULING IN MAJOR ADULTERATED MILK CONSUMER CLASS ACTION LAWSUIT

In the pending multi-million dollar consumer class action suit of Guzman Matias, et al. v. Vaqueria Tres Monjitas, et al., the Chair of the Litigation Department Eric Pérez-Ochoa and Associate Katyana Farokhzadeh López obtained a favorable ruling on behalf of Suiza Dairy Corp. The putative class representatives claimed that they were entitled to recover damages during a five-year period (from 1994 through 1998), during which period, allegedly, several milk processing plants on the Island sold milk adulterated with salt and water to Puerto Rico consumers. Defendants filed several motions and memoranda contending that the damages claimed by the class were "successive" in nature and that, as a result, any recovery was limited to the one-year period preceding the filing of the complaint. The trial court agreed with defendants and held that recovery was limited to the one-year period preceding the filing of the complaint. In light of this ruling, damages to be recovered by the class, if any, have been dramatically reduced. The decision by the trial court was recently upheld on appeal, and is now final.