MILLER v. BASIC RESEARCH, LLC

No. 13-4048.

750 F.3d 1173 (2014)

Pamela MILLER; Randy Howard; Donna Patterson; on behalf of themselves and all others similarly situated, Plaintiffs Intervenors-Defendants-Appellees, v. BASIC RESEARCH, LLC; Dynakor Pharmacal, LLC; Dennis Gay; Daniel B. Mowrey, Ph.D.; Mitchell K. Friedlander, Defendants-Appellants. and Does 1 through 50, Defendants.

United States Court of Appeals, Tenth Circuit.

May 6, 2014.


Attorney(s) appearing for the Case

Christopher B. Sullivan , Snell & Wilmer, L.L.P. ( Wesley D. Felix , Snell & Wilmer, L.L.P., and Jon V. Harper , Anderson & Karrenberg, with him on the opening brief, and Wesley D. Felix , Snell & Wilmer, L.L.P., and Richard D. Burbidge , Jefferson W. Gross , and Aida Neimarlija , Burbidge, Mitchell & Gross, with him on the reply brief) Salt Lake City, UT, for Appellants.

Scott R. Shepherd , Shepherd, Finkelman, Miller & Shah, LLP, Media, PA, ( Kevin P. Roddy , Wilentz, Goldman & Spitzer, P.A., Woodbridge, NJ, with him on the brief) for Appellees.

Before TYMKOVICH, O'BRIEN, and HOLMES, Circuit Judges.


TYMKOVICH, Circuit Judge.

"Eat all you want and still lose weight," said the advertisement for a weight-loss supplement. Consumers who purchased the advertised product and were dissatisfied with the results filed a class action against the manufacturers for false advertising. The parties entered into mediation, where they drafted and signed a document outlining the terms of a settlement. They then informed the district court that the mediation had been successful...

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