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02-06-2016, 04:34 AM #1
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Cellucor Amino Nitrate Lawsuit Settled
Cellucor Amino Nitrate Lawsuit Settled
Yesterday evening, a representitives from Cellucor began posting online in a variety of pre-existing threads, about how the the amino nitrate class action lawsuit had been dismissed. That’s true. But while most people who read that satetment picture a judge banging a gavel and saying “case dismissed,” that’s not what actually happened. A judge (and therefore judgment) had nothing to do with this…
In fact what happened was that that there was a voluntary dismissal before any real action occured in the case:
“Plaintiff Omari Bobo…voluntarily dismisses the above-entitled action against Defendant Woodbolt Distribution, LLC, d/b/a Cellucor and Nutrabolt, with prejudice as to his individual claims, but without prejudicing any claims of absent putative class members.”
So that means Cellucor can still be sued in another class action for the exact same thing. In fact, the plaintiff’s name and purchase details can simply be swapped out for another’s. Furthermore, because literally nothing happened except the filing of a complaint, and a dismissal, and no facts were actually tried, this case will not and can not influence the results in any other amino nitrate lawsuit (just like what we see happening in the MusclePharm lawsuit, where they failed to file any responses or reply at all).
So why did the plaintiff drop the case? Well, according to the latest filing, the plaintiff and the defendant “reached an agreement”…
“Before Defendant served Plaintiff with its answer, or a motion for summary judgment, the parties were able to reach an agreement resolving all of the claims and causes of action asserted.”
To hear Cellucor’s side of things, they presented awesome evidence that their products were safe and effective, and the plaintiff and his lawyers were in awe of said awesomeness, and backed off immediately. What the actual motion to dismiss says is that they reached an agreement.
Was there an exchange of money, i.e. a confidential settlement? Was that the agreement?
I have no idea.
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02-06-2016, 06:39 AM #2
http://supplementreviews.com/article...on-lawsuit-315
It seems more likely that amino nitrates are safe now that the case has been dismissed. The class action was created based on there being a lack of evidence that proved they were safe, not that there was evidence that proved them to be unsafe. Cellucor appears to have presented sufficient evidence to show that they are safe, and this is presumably why the case has been dismissed.2013 & 2014 RX Member of the Year
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02-06-2016, 09:18 AM #3
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^^^ From that link:
"Cellucor appears to have presented sufficient evidence to show that they are safe, and this is presumably why the case has been dismissed."
Will Cellucor reveal that evidence?
I'm going to guess that MusclePharm's lawyers would like a quick peek at those documents.
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02-06-2016, 12:28 PM #4
I'd show the evidence or I'll get another chancer and his lawyer saddling up.
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