Montera

Montera v. Premier Nutrition Corporation

Good Law
United States District Court, Northern District of CaliforniaApril 26, 20223:16-cv-06980California11,055 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARY BETH MONTERA,

Case No. 16-cv-06980-RS Plaintiff, 11 v. ORDER ON MOTIONS TO EXCLUDE EXPERT TESTIMONY AND MOTION

PREMIER NUTRITION CORPORATION, TO DECERTIFY CLASS

13 Defendant.

15 I. Introduction In this false advertising class action averring violations of New York’s General Business Law (“GBL”) §§ 349 and 350, Lead Plaintiff Mary Beth Montera and Defendant Premier Nutrition Corporation (“Premier”) each bring motions to exclude the testimony of various expert witnesses. For all the foregoing reasons, Defendant’s motion to exclude certain opinions of Dr. Farshid Guilak is granted, and Defendant’s motion to exclude some of the opinions of Dr. Derek Rucker is granted in part and denied in part. Defendant’s other motions to exclude testimony are denied. Plaintiff’s motions to exclude the expert testimony of Dr. Kevin Stone and Lance Palumbo are granted. The motions to exclude…

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