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SAN FRANCISCO (Legal Newsline) – Now that it has been established a lawsuit over the empty space in movie theater candy should be heard in federal court, Tootsie Roll Industries is asking a judge to toss the case. The company on March 10 filed its motion to dismiss the lawsuit with the U.S. District Court for the Northern District of California, about a month after an appeals court refused to hear an appeal arguing it belonged in state court. The lawsuit from the Clarkson Law Firm alleges there is too much air in boxes of Sugar Babies and Junior Mints – even though the boxes declare the weight of the food inside. ....
OAKLAND, Calif. (Legal Newsline) – A federal appeals court will not hear the appeal of class action lawyers who are suing over empty space in movie theater candy. The U.S. Court of Appeals for the Ninth Circuit said Feb. 17 that it does not have jurisdiction over the appeal of an order that keeps the lawsuit in federal court. Attorneys at the Clarkson Law Firm first filed the case in California state court, but Tootsie Roll Industries removed the case to Oakland federal court. There, Magistrate Jude Sallie Kim ruled on Nov. 30 that the lawsuit seeks at least $5 million – a threshold for federal jurisdiction. The plaintiffs lawyers appealed. ....