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In Genomma Case SDNY Judge Daniels Asks New Florida Lawyer He Cannot Withdraw

By Matthew Russell Lee, Patreon
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SDNY COURTHOUSE, August 18 –  It was five years ago that Genomma, which sells pharmaceutical, personal care and cosmetic products aimed at Spanish-speaking consumers, sued Venus American Corporation for inflating advertising invoices.

  On October 24, 2019 as U.S. District Court for the Southern District of New York Judge George B. Daniels prepared the parties for a trial beginning November 12, 2019 he made an analogy and a ruling.

He said, "If I tell you that I'm going to see you my car for $100 and I'm selling cars and everybody else I sell a car to I sell it to them for $50, that might be relevant in determining what we legitimately agreed upon and what was reasonable in terms of our transaction."

And he ruled inadmissible at trial an animal cruelty charge. Plaintiff's lawyer Jack A. Gordon tried one last argument: "Beautiful Arabian horses that were horrible misused and mistreated."  

Judge Daniels shot back, "You can give a donation to your favorite charity if you like... I see no relevance or probative value or impeachment value to an animal cruelty charge. It's not likely I'm going to give you that one."  

On November 13, 2019 when Inner City Press checked in on the trial, talk had turned to former Genomma CEO Max Juda, who was replaced in 2018 by Jorge Brake, and of whom Expansion wrote, "What did not reduce was the investment in advertising, says Juda. Genomma is one of the three largest advertisers of Televisa... Genomma already sells 100 million dollars in that market, through the largest chains, such as Walmart and Walgreens. The key was, again, mass advertising.  When Genomma arrived in the United States in 2010, Juda, who led the mission, refused to follow the advice of advertising agencies, which recommended transmitting their commercials in the six or 10 cities with most of their potential market, the Hispanic . "But nobody knows that in New Jersey there are 17% of Hispanics, for example," says Juda. The companies had neglected several states."

  Jump-cut to August 18, 2021 when Judge Daniels held another proceeding in the case. Now, to represent defendant Carlos Carruitero came another Florida lawyer, Richard Siegmeister. Judge Daniels told him he'd be the fourth or fifth lawyer for this defendant and that he would not allow him to withdraw. Did he know what he was getting himself into, at least potentially? He said he did.   

The case is Genomma Lab USA, Inc. v. Venus America Corporation, 14-cv-5831 (Daniels). 


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