January 12, 2015

Bursor & Fisher Defeats Summary Judgment Motion in Hyland’s Lawsuit

On January 12, 2015, Chief Judge George H. King of the United States District Court for the Central District of California denied the defendants’ motion for summary judgment in Forcellati v. Hyland’s, Inc., clearing the way for a jury trial later this year on claims that Hyland’s misrepresents the effectiveness of six of its cold and flu products for children. In his order, Chief Judge King referred to a study commissioned by the defendants showing that the products have “no more effect than a sugar pill.” Chief Judge King also found “sufficient evidence for a reasonable jury to find that Defendants engaged in fraud” and that the evidence “permits a reasonable inference that Defendants knew their products were ineffective and intentionally misrepresented them as such.”

“Chief Judge King’s order is a huge victory for millions of parents who purchased Hyland’s cold and flu products for their children,” said L. Timothy Fisher, one of the firm’s partners handling the matter. “We look forward to proving our case at trial later this year, and to seeking a full refund for the parents who were tricked into buying this fake medicine.”

This was Bursor & Fisher’s 10th victory in the last 11 summary judgment motions brought against class action claims prosecuted by the firm.