Nicole “Snooki” Polizzi and her co-defendants have asked the Second Circuit Court of Appeals to overturn a March 2016 ruling denying their motion to dismiss the plaintiffs’ claims that Basic Research LLC misrepresented the efficacy of its diet pill, Zantrex. Brady v. Basic Research LLC, No. 13-7169 (E.D.N.Y., motion filed April 7, 2016). The defendants dispute the lower court’s interpretation of the U.S. Supreme Court’s January 2016 ruling in Campbell-Ewald v. Gomez, contending that the interpretation in the context of an unaccepted Rule 68 offer of judgment where the party deposits a subsequent payment would be a controlling point of law, subject to substantial grounds for difference of opinion. They further argue that an immediate appeal would “materially advance the termination of the litigation,” because the issue involves subject matter jurisdiction. They take the position that a different application of Gomez favorable to the defendants—which the brief asserts is reasonably likely due to the newness of the Gomez opinion—would end the litigation.
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Appellate Review Sought in False Advertising Suit Against Diet Pill Manufacturer and Reality Show Star
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