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Lumps in materiality survey fail to justify its exclusion

Select Comfort Corp. v. Tempur Sealy Int’l, Inc., No. 13-2451, 2016 WL 5496340 (D. Minn. Sept. 28, 2016) The court resolves various motions surrounding expert testimony in this false advertising case about the effects of certain comparative claims on Select Comfort Sleep Number mattress sales. The claims were made mostly through the flyer below, though also allegedly through statements from salespeople, the latter including that Sleep Number beds develop mold and that defendant Mattress Firm chose to stop selling Sleep Number due to quality issues.
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