Plaintiff Wants Docs In Walnut False Ad Action

Law360, New York (April 26, 2011, 7:59 PM EDT) -- The plaintiff in a putative class action in California accusing Diamond Foods Inc. of falsely promoting its walnuts as heart-healthy said Tuesday that the company is hiding behind attorney-client privilege in refusing to turn over certain documents and witnesses.

Elliot Zeisel — who has alleged that Diamond intentionally promoted its walnuts by linking their omega-3 fatty acids to better heart health, despite an explicit prohibition by the U.S. Food and Drug Administration — filed a motion to compel discovery in California federal court. Zeisel is seeking...
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