Judge Leans Towards Dismissing Dunkin’ ADA Suit Over Nondairy Milk Charges

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“Defendant discriminates against plaintiffs and the putative class members by levying a surcharge for its non-dairy alternatives … added to its coffee-based drinks and other beverages,” the complaint says.

The customers are represented by Trenton R. Kashima of Milberg Coleman Bryson Phillips Grossman PLLC and Keith L. Gibson and Bogdan Enica of Keith Gibson Law PC.

Dunkin’ is represented by David B. Carpenter, Brett E. Coburn, and Meghan M. McBerry of Alston & Bird LLP.

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The case is Garland et al. v. Dunkin Donuts LLC, case number 3:23-cv-06621-SI, in the U.S. District Court for the Northern District of California.