Ninth Circuit Affirms Judgment Of Nearly $42 Million Against Safeway

Although Judge Jon S. Tigar of the Northern District of California approved a judgment in favor of the certified class in Rodman v. Safeway Inc., Case No. 3:11-cv-03003-JST (N.D. Cal.) and awarded damages of $30,979,262, along with prejudgment interest of $10,905,505, for a total of $41,884,767, Safeway appealed its case to the Ninth Circuit Court of Appeals after the 2015 judgment.

On August 7, 2017 the Ninth Circuit affirmed the nearly $42 million ruling against Safeway Inc. for breach of contract by overcharging customers online in Rodman v. Safeway Inc., Case No. 15-17390 (9th Cir.). The certified class members alleged that Safeway added a ten percent charge on most items customers ordered online, despite the contracts' assurance that the prices charged for groceries available for online ordering would be the same as the prices charged in the physical Safeway stores from which the groceries were selected and delivered.

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