Lee Segui partner Mark Sigmon has received the National Civil Justice Institute’s 2026 Appellate Advocacy Award for his successful defense of class certification before the United States Court of Appeals for the Ninth Circuit in Lytle v. Nutramax Laboratories, Inc.
The award recognizes appellate advocacy that has a meaningful impact on consumer rights and access to justice.
In Lytle, plaintiffs Justin Lytle and Christine Musthaler brought a consumer class action against Nutramax Laboratories alleging that the company’s Cosequin joint health supplements for dogs were marketed as supporting canine joint health and mobility despite providing no meaningful joint health benefit.
After the district court certified a class of California consumers, Nutramax appealed, arguing that certification was improper because plaintiffs had not yet executed their damages model, even though they had developed a detailed methodology for calculating damages on a classwide basis.
Representing the plaintiffs on appeal, Mark defended the certification order before the Ninth Circuit.
In a published decision, the Ninth Circuit affirmed class certification and held that plaintiffs may rely on a reliable but not-yet-executed damages model at the class certification stage. The decision preserves an important pathway for consumers to pursue claims collectively without requiring plaintiffs to incur the substantial expense of fully executing a damages analysis before certification.
The court also affirmed that reliance could be established through common proof where the alleged misrepresentations were material to consumers.
The National Civil Justice Institute recognized Mark’s advocacy for helping preserve meaningful access to justice and reinforcing the role class actions play in pursuing consumer fraud and false advertising claims.
At Lee Segui, appellate advocacy is grounded in thoughtful strategy, disciplined briefing, and steady advocacy in high-stakes litigation. We are proud to see Mark’s work recognized on a national stage.

