In my July 19, 2012 blog post, I wrote about the Ninth Circuit’s decision in Dennis v. Kellogg Company, 687 F.3d 1149 (9th Cir. 2012).  Last week, however, the Ninth Circuit withdrew its previous opinion and substituted a new opinion – Dennis v. Kellogg Company, Nos. 11-55674 and 11-55706, 2012 U.S. App. LEXIS 18576 (9th Cir. Sept. 4, 2012).  I have not flyspecked every change, but it appears that the court retained largely the same discussion of the cy pres award issue, and essentially deleted its discussion of the attorneys’ fees issue, leaving that for the district court to address on remand.