Justices Weigh Missed Deadline In Nutraceutical False Ad Suit
Law360 (November 27, 2018, 8:58 PM EST) -- The U.S. Supreme Court on Tuesday mulled whether a situation would have to be as unique as a Martian attack to create an exception for missing a deadline to appeal the decertification of a class of buyers alleging that Nutraceutical Corp. falsely advertised its Cobra Sexual Energy "aphrodisiac" supplement.
The high court is weighing the company’s appeal of a Ninth Circuit ruling that revived the class action alleging that the supplement doesn’t affect the consumers’ virility. The company has argued that the Ninth Circuit erred because named plaintiff Troy Lambert missed a 14-day deadline to appeal the decertification ruling.
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