Lambert v. Nutraceutical Corp

(United States Ninth Circuit) – Reversing a district court order decertifying a class action relating to an alleged aphrodisiac called ‘Cobra Sexual Energy’ because the district court abused its discretion in decertifying the class on the basis of the plaintiff’s inability to prove restitution damages through the full refund model because plaintiff’s damages model matched his theory of liability and because his damages model was supportable on evidence that could be introduced on trial and whether plaintiff could provide damages to a reasonable certainty on the basis of his full refund model was a question of fact to be decided at trial.