Cerrato v. Nutribullet, LLC

2017 WL 3608266 (2017)

Quick Summary

Phillis and German Cerrato (plaintiffs) sued Nutribullet, LLC (defendant) for severe burns Phillis sustained from an exploding Nutribullet Pro 900 blender. The defendant moved to dismiss the case, alleging that the plaintiffs fabricated evidence about how the incident occurred and the extent of their damages.

The Court had to determine whether this alleged conduct amounted to fraud on the Court. Ultimately, the Court concluded that dismissal with prejudice was too severe a sanction for what was at most perjury or fabrication between parties, allowing the case to proceed to trial.

Facts of the Case

Phillis Cerrato (plaintiff) sustained severe burns to her face and upper body as a result of an incident involving the Nutribullet Pro 900 blender, which was designed and manufactured by Nutribullet, LLC (defendant). The incident also caused damage to the plaintiffs’ kitchen. The plaintiffs, Phillis and her husband German Cerrato, filed a product liability lawsuit claiming that the blender malfunctioned.

The plaintiffs alleged that the blender exploded after Phillis Cerrato was unable to turn it off by twisting it from its base. She had to unplug it due to the heat and after letting it cool, upon opening it, the blender erupted causing her injuries. The plaintiffs claimed that the instructions indicated the blender would stop automatically, but this did not occur.

Procedural Posture and History

  1. Plaintiffs filed a product liability lawsuit against Nutribullet, LLC.
  2. During discovery, the plaintiffs requested production of certain information which the defendants objected to as overbroad.
  3. The plaintiffs then filed a motion to compel the production of the information.
  4. Defendants filed a motion to dismiss based on allegations of fabricated evidence and fraud on the Court by the plaintiffs.

I.R.A.C. Format


Whether the plaintiffs committed fraud on the Court by fabricating evidence, warranting dismissal of their product liability lawsuit with prejudice.

Rule of Law

In cases where a party is accused of defrauding the court, such as by fabricating evidence or committing perjury, dismissal with prejudice is considered an extreme sanction only to be applied in the most egregious circumstances where lesser sanctions are inadequate.

Reasoning and Analysis

The defendants argued that discrepancies between Phillis Cerrato’s deposition testimony and her earlier statements to defendants, as well as conflicting evidence on the damage valuation of their kitchen, amounted to fraud on the Court. However, the Court concluded that at worst, the plaintiffs may have committed perjury or fabricated evidence, which are harms between the parties rather than harms to the Court itself.

The Court determined that inconsistencies in testimony could be addressed during trial, allowing a jury to consider these facts. Therefore, the Court found that the action of dismissing the case with prejudice was not justified in this instance.


The motion to dismiss filed by Nutribullet, LLC was denied by the Court.

Key Takeaways

  1. Discrepancies in a party’s statements do not necessarily constitute fraud on the Court warranting dismissal with prejudice.
  2. Fraud on the Court is reserved for egregious conduct that corrupts the judicial process itself, not just conflicts between parties.
  3. A court may allow a case to proceed to trial where inconsistencies in testimony can be evaluated by a jury.

Relevant FAQs of this case

What constitutes fraud on the court in the context of providing false evidence, and how is it different from mere perjury?

Fraud on the court occurs when a party intentionally deceives or attempts to subvert the judicial process, impacting the court’s ability to adjudicate the case impartially. This is distinct from perjury, which refers to lying under oath and affects the adversarial process rather than the court’s integrity.

  • For example: A litigant manufacturing a fake contract to support a claim is committing fraud on the court; contrasting that with a witness who lies about their whereabouts during an incident, potentially committing perjury.

Under what circumstances can inconsistencies in a party's statements be addressed at trial instead of leading to case dismissal?

Inconsistencies can be evaluated at trial when they represent issues of credibility that are best resolved through cross-examination and jury deliberation, rather than being so egregious as to undermine the entire proceedings.

  • For example: If a witness provides contradictory accounts of an event in deposition and at trial, their credibility may be assessed by the jury rather than automatically warranting case dismissal by the judge.

How do courts justify applying less severe sanctions instead of dismissal with prejudice in cases of evidentiary discrepancies?

Courts may opt for lesser sanctions when they deem that discrepancies do not irrevocably harm the integrity of the judicial process and can be adequately addressed within trial parameters without depriving a party of their day in court.

  • For example: A court might strike a specific piece of contested evidence or give jury instructions regarding potential unreliability instead of dismissing the entire case with prejudice.


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