K&F Partner Greg Collins Obtains $1.7 Million Dollar Trial Verdict for Client
December 17, 2019
This aticle was first published on PRNEWS WIRE.
On December 3, 2019, the Maricopa County Superior Court entered FINAL JUDGMENT in favor of ThermoLife International, LLC and against MusclePharm Corporation in the total amount of $1,680,000, including accrued interest, attorneys' fees, and costs.
The entry of FINAL JUDGMENT in ThermoLife's favor brings to the end almost three years of litigation related to MusclePharm's failure to pay ThermoLife for ingredients that it was obligated to pay for under the terms of a 2015 License and Purchase Agreement.
MusclePharm was represented in the lawsuit by the New York law firm of Kasowitz Benson Torres. The Kasowitz law firm describes itself as the "pre-eminent litigation firm in the nation." MusclePharm, and its New York attorneys, defended the case vigorously, with MusclePharm asserting a counterclaim against ThermoLife claiming over $5,000,000 in damages. After expert testimony revealed, as the Maricopa County Superior Court found, no reasonable juror could find in favor of MusclePharm on its counterclaim, the Court granted ThermoLife Summary Judgement and dismissed MusclePharm's unsupported counterclaim against ThermoLife, and ThermoLife's claims against MusclePharm proceeded to trial.
At trial, ThermoLife's President Ron Kramer testified to the Court about the validity of ThermoLife's claims and the damages that MusclePharm's conduct caused ThermoLife's business. During the multi-day trial, MusclePharm's New York attorneys tried to discredit ThermoLife and subjected Mr. Kramer to what the Court described as "aggressive" cross-examination. But, after Mr. Kramer testified for nearly two whole trial days, the Court found Mr. Kramer credible, even remarking in its written findings of fact and conclusions of law, that Mr. Kramer offered reasonable explanations for all of MusclePharm's allegations and arguments.
When reached for comment, ThermoLife's founder, Ron Kramer, offered the following statement: "I offered MusclePharm a fair business solution before filing suit, asking for just $719,000 to settle their debt. I told MusclePharm that if they didn't accept my proposed business solution, ThermoLife would sue MusclePharm and see the lawsuit through to the end and that ThermoLife would be awarded its attorneys' fees for having to chase MusclePharm to get paid. MusclePharm's CEO, Ryan Drexler, refused my offer and forced ThermoLife to sue MusclePharm, and the outcome was exactly what I predicted. Instead of paying ThermoLife just $719,000 in 2016, MusclePharm now owes ThermoLife just under $1.7 million dollars, and of course that figure doesn't include any of MusclePharm's own legal fees. ThermoLife is pleased with the Court's Final Judgment in this case and we look forward to collecting this debt from MusclePharm."
In addition to winning the nearly $1.7 million dollars from MusclePharm at trial, ThermoLife currently has additional claims pending against MusclePharm in Arizona Federal District Court related to MusclePharm's alleged false advertising of its Combat and Wreckage pre-workout products that include the allegedly falsely advertised VASO6 ingredient. MusclePharm faces a possible multi-million-dollar verdict on these claims as well. The Maricopa Superior Court Judgment entered in CV2016-000113 discussed above is unrelated to ThermoLife's false advertising claims against MusclePharm.
ThermoLife was represented in this matter by attorney Greg Collins. Mr. Collins heads the intellectual property litigation practice at Kercsmar & Feltus, PLLC, a Scottsdale, Arizona litigation boutique.
Posted on December 17, 2019 | « Back to News