Witness Arbitration Expert in Matter Pending in Switzerland: Nestle
January 01, 2000
An arbitration pending in Zurich under Swiss law, Great Spring Waters of America v. Gherling, the court analyzed whether the term "spring water" was in fact false advertising as used by Nestle subsidiary's Great Spring Waters of America's further subsidiary, Arrowhead Waters. The underlying actions were (1) Sullivan & Lodge, Inc. v. Great Spring Waters of America dba Calistoga Mineral Water Co. and dba Arrowhead Mountain Spring Water Co. and Crystal Geyser Water Company; (2) Sullivan & Lodge, Inc. dba Cobb Mountain Spring Water Co. v. Great Spring Waters of America, et al., U.S.D.C., N.D. Cal., Case No. 99-3227WHA; (3) In re Sullivan & Lodge, Inc. dba Cobb Mountain Spring Water Co. and Forest Lake Natural Spring Water, U.S. Bankr. Ct., N.D. Cal., Case No. 9910501AJ7 Ch. 7; (4) Sanders v. Great Spring Waters of America, S.F. Superior Court, Case No. 303549 (class action complaint); (5) Fields v. Great Spring Waters of America, S.F. Superior Court, Case No. 3027774. Unfair competition coverage under an earlier version of the policy extended to "false advertising" claims based on the drafting history of the policy and adoption of this policy language. Mr. Gauntlett served as an expert witness in this matter and prepared an expert report which was submitted to the court.
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