December 2015: Safeway filed a Notice of Appeal regarding the November 2015 judgment.
November 2015: A federal judge entered a judgement in favor of the certified class and awarded them nearly $42 million. Class members will receive refunds and are estimated to receive approximately 89% of the online price markup charged.
August 2015: A federal judge granted plaintiffs’ motion for summary judgment awarding damages in the amount of the online price markup to class members.
February 2015: A federal judge granted plaintiffs’ motion for partial summary judgment for the breach of contract claim finding that Safeway breached the contracts by charging customers more than the contract terms authorized.
2011: A class-action lawsuit was filed against Safeway for allegedly misleadingly promising that customers who place orders online will pay the same prices as customers who shop in stores when, according to plaintiffs, customers who buy online will pay approximately ten percent more for items on the store’s website. (Rodman et al v. Safeway, Inc., Case No. 11-cv-3003, N. D. CA.)
When a complaint is dismissed with prejudice, it cannot be refiled.