COURT OF APPEAL AFFIRMS SUMMARY JUDGMENT AND EXCLUSION OF EXPERT OPINIONS IN DIETARY SUPPLEMENT CLASS ACTION
Call & Jensen attorneys Mark Eisenhut, William Cole and Nilab Tolton obtained and defended a complete victory for their client in a consumer class action alleging false advertising in the marketing of a multi-ingredient dietary supplement for men’s health via a recent opinion from the California Court of Appeal. In its unanimous decision, the appellate court affirmed both the trial court’s exclusion of the plaintiff’s scientific expert’s opinions and its prior grant of summary judgment to Call & Jensen’s client. The appeals court agreed with Call & Jensen’s arguments that the plaintiff’s expert’s opinions were unreliable and not supported by the scientific data on which he claimed to rely. Because the plaintiff had no other evidence sufficient to support his claims, the appeals court affirmed the summary judgment. This decision also entitles Call & Jensen’s client to recover substantial costs from the plaintiff.