Marcy Krinsk vs. Monster Beverage Corporation [E-FILE]

Case No.: 37-2014-00020192-CU-BT-CTL    

The Motion (ROA # 533, 545, 551) of Defendants Monster Beverage Corporation and Monster Energy Company ("Defendants" or "Monster") for an order excluding the testimony and opinions of the expert, Elizabeth Howlett, of Plaintiffs MAYAN MOONEY and CHAYLA CLAY, individually and on behalf of all others similarly situated ("Plaintiffs"), on the grounds that 1. Dr. Howlett's opinions concerning the amount of restitution purportedly owed to class members and the materiality of the challenged label statements to class members are based solely on the results of three conjoint surveys she conducted; but conjoint analysis alone is unable by design, and has not been accepted in the relevant scientific community, to calculate restitution, and her surveys cannot be used to draw any conclusions about the materiality of the challenged label statements; 2. Dr. Howlett's surveys suffer from numerous methodological flaws that render all her opinions inadmissible; 3. Dr. Howlett's price-premium opin........