(January 4, 2024, 8:30 AM EST) -- PASADENA, Calif. — A trial court abused its discretion when it denied in part a motion by consumers to voluntarily dismiss without prejudice their individual and putative class claims alleging underfill of lower calorie ice cream and instead dismissed the individual claims with prejudice after the plaintiffs expressed their intent to file a new suit with a new theory of liability, a split Ninth Circuit U.S. Court of Appeals panel ruled, remanding with instructions that dismissal must be without prejudice....