Peter Claydon v. Nestlé Waters North America Inc., et al.
A class of customers filed suit against Nestlé Waters North America, Inc., alleging that Nestlé Waters had intentionally delivered unordered products. Nestlé Waters's counsel, Farella Braun + Martel LLP, retained a team from Analysis Group led by Vice President Peter Simon to support academic affiliate UCLA Professor Randolph Bucklin in evaluating the plaintiffs' experts' claims and proposed methods of analysis, and in assessing whether product delivery data was consistent with plaintiffs' claims. In his report, Dr. Bucklin noted serious flaws in one expert's sampling and survey methods and in another's analysis of customers' complaint rates. He also analyzed data on product deliveries and found patterns that were inconsistent with plaintiffs' claims. The plaintiffs' motion for class certification was denied, and plaintiffs chose to dismiss the suit.