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Friday, December 13, 2019

MusclePharm moves to dismiss another Glutamine lawsuit, this time in Michigan

By Olivia Olsen | Aug 30, 2017

Medical malpractice 02

DETROIT (Legal Newsline) – Musclepharm, a bodybuilding supplement company currently being sued over allegations of misrepresentation, has filed a motion to dismiss a class action lawsuit in the U.S. District Court for the Eastern District of Michigan.

The 38-page motion filed July 7 refutes the claims made by plaintiff Nick Yeldo that its Glutamine products are misleading to consumers in regards to its health benefits. Stated as the first rebuttal in the brief’s introduction, Musclepharm claims that Yeldo did not state a claim as the “handful of scientific studies” provided in the complaint, which depicted no benefits of taking Glutamine, did not study Musclepharm’s product or even mention it. 

MusclePharm also counters the complaint by explaining that the plaintiff “cannot seek tort recovery where his claim for damages arises out of the commercial sale of goods and his losses are purely economic.” 

Additionally, the defendant says Yeldo fails to allege a claim for how MusclePharm misrepresented its product or how he was injured as a result of those alleged misrepresentations.

In regards to an injunctive relief filed in the amended complaint, MusclePharm counters that the plaintiff cannot produce any evidence that he will be harmed again by the product. The company also relays that it cannot be proved that it was unjustly enriched by the sales of the product.

It is noted in the motion that the attorney for Yodel, Nick Suciu of Barbat, Mansuor and Suciu PLLC, brought a prior suit against MusclePharm in 2015. The lawsuit was filed in California with a different client with research that MusclePharm again claimed had nothing to do with its company. The California suit, according to the motion to dismiss, was dismissed. 

As reported in a previous Legal Newsline story, Yeldo is seeking damages via trial by jury as a class action suit. In addition to Suciu, Yeldo is also represented by Jordan Chaikin of the Chaikin Law Firm PLLC.

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U.S. District Court for the Eastern District of Michigan