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Oct. 5, 2017

Appellate panel calls trial court judgment inconsistent with evidence

A San Bernardino County judge had rejected a defense expert’s testimony but rendered a defense verdict.

Appellate panel calls trial court judgment inconsistent with evidence
San Bernardino County Judge Bryan Foster

A state appellate panel on Wednesday reversed a San Bernardino County judge who had rejected a defense expert’s testimony, found the plaintiff’s witness reliable, yet ruled for the defense on grounds that the plaintiff had failed to meet its burden during a bench trial over false advertising of a snoring remedy.

The 4th District Court of Appeal directed Judge Bryan Foster to reverse his judgment that decertified the plaintiffs’ clas...

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