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Civil Litigation

Sep. 7, 2022

Monster subpoenas expert witness it wanted to block after Vital withdraws him

Vital, known also as VPX, says Monster is wasting the court’s time because the testimony of Guillermo Escalante, an associate professor of kinesiology at Cal State University San Bernardino, is cumulative.

During a trial over the ingredients of energy drinks, Vital Pharmaceuticals Inc. withdrew an expert witness, but now its opponent, Monster Energy Co., has subpoenaed him, and U.S. District Court Judge Jesus G. Bernal will be asked at a hearing Wednesday to rescind the trial subpoena.

Vital, known also as VPX, says Monster is wasting the court’s time because the testimony of Guillermo Escalante, an associate professor of kinesiology at Cal ...

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