Premier Nutrition Corp. v. Montera

On behalf of a class of New York consumers, Mary Beth Montera sued Premier Nutrition Corporation, alleging that the company engaged in deceptive advertising in promoting the benefits of its “Joint Juice” product, in violation of New York law.  A jury found in her favor, and a federal district court entered a judgment of $4.6 million in favor of the class.

Premier appealed to the Ninth Circuit, raising fifteen issues—four of which rested on interpretations of New York statutes. As to those issues, Premier asked the Ninth Circuit to seek the views of the New York Court of Appeals by “certifying” the questions to that court pursuant to a procedure provided for in the New York court’s rules. The Ninth Circuit issued a 40-page unanimous opinion largely upholding the lower court’s judgment, but agreeing with Premier as to one of the four state-law questions. It declined to exercise its discretion to certify any questions to the New York Court of Appeals, and relied on the text of the relevant statutes and existing New York authorities to reach its decision.

Premier sought review in the U.S. Supreme Court, arguing that the Ninth Circuit abused its discretion in failing to seek input from the New York Court of Appeals. Representing Ms. Montero in the Supreme Court, we filed a brief in opposition to the petition. The opposition brief explains that the courts of appeals are in agreement as to the relevant considerations in determining whether to certify state-law questions, and that the Ninth Circuit acted within its discretion in declining to certify in this case.