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The New York Post reports that a class action lawsuit against Costco alleging that the membership club chain was cheating customers has been dismissed by a federal judge as being “simply ridiculous.”

The case was brought by New York City attorney, Marc Verzani, who claimed that when Costco sold its one-pound shrimp tray with cocktail sauce, it only contained 13.5 ounces of shrimp. Verzani maintained that this amounted to a rip-off that was costing customers as much as $40 million a year.

In her decision, Judge Colleen McMahon said that the weight “"took into account both the shrimp and the sauce, never mind the lemon wedges and lettuce also included in the package … A reasonable consumer would understand that purchasing a ready-to-serve, prepackaged convenience item is different than purchasing shrimp at a fish counter, cocktail sauce in a jar and a lemon at the produce department.”

Verzani said he will appeal.
KC's View:
This is one of those nuisance cases that illustrate why in some cases plaintiffs ought to be responsible for court costs and defense attorney fees if they lose. (Maybe the rule ought to be that if the judge dismisses the case using the words “simply ridiculous,” you’re on the hook.)

In this case, “shrimp” may apparently refer to the amount of common sense being used by the plaintiff.