October 28th, 2008
Shepherd, Finkelman, Miller & Shah, LLP ("SFMS") is pleased to announce that on October 27, 2008, the Honorable Ted Stewart of the United States District Court for the District of Utah denied in principal part the Motion of Defendants to Dismiss the First Amended Class Action Complaint of Plaintiffs, Pamela Miller, Randy Howard and Donna Patterson. The First Amended Complaint alleges that Defendants Basic Research Inc., Dnyakor Pharmacal, LLC, Dennis Gay, Mitchell Freidlander, Daniel Mowrey, Bydex Management, and Western Holdings, LLC misrepresented material information in their marketing and advertising of a dietary supplement known as "Akavar 20/50." As a result of Judge Stewart's Opinion and Order, the claims asserted against all defendants except Bydex (which was responsible for employee services) and Bydex (the entity which obtained trademarks) for (1) violations of the Racketeer Influenced and Corrupt Organizations Act, (2) violations of the Utah Pattern of Unlawful Activity Act, (3) fraud, (4) various state consumer fraud statutes, (5) unjust enrichment, and (6) negligent misrepresentation will proceed.
To view a copy of the Court's Opinion, please click here.
SFMS congratulates Nathan Zipperian and Scott Shepherd on this decision and for their work in this matter.