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This profile was last updated on 5/28/13 and contains information from public web pages and contributions from the ZoomInfo community.
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Owner

NeuroResearch Clinics Inc
1150 88Th Ave W
Duluth, Minnesota 55808
United States

Company Description: weight loss, neurotransmitter, depression, anxiety, panic attacks, migraine, fibromylagia, amino acid, amino acids, neurotransmitter testing, 5-HTP, tyrosine,...   more
Background

Education

  • MD , MEDICINE
    U of MN
12 Total References
Web References
<< E & C Export LTD >>
www.ECEXPORT.COM [cached]
Low dopamine levels have also been connected with obesity, prolonged anxiety, alcohol abuse and, according to Dr. Marty Hinz of NeuroResearch Clinics, inappropriate use of particular ??????? ????? supplements just like Ltryptophan and 5HTP.
Marty Hinz, MD, and ...
ndnr.com [cached]
Marty Hinz, MD, and colleagues14 recognize that there are 2 possible categories of nutritional deficiencies: absolute nutritional deficiency and relative nutritional deficiency.
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Our protocols mirror those of Marty Hinz, MD, of NeuroResearch, Inc,19 who is undoubtedly one of the leading experts in the country on amino acid treatment.
Assays were interpreted by Marty ...
www.goldenneedleonline.com, 4 Dec 2011 [cached]
Assays were interpreted by Marty Hinz of NeuroResearch Clinics.
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Correspondence: Marty Hinz, 1008 Dolphin Dr, Cape Coral, FL 33904, USA, Tel +1 218 626 2220, Fax +1 218 626 1638, Email marty@hinzmd.com Received February 25, 2011
Hinz v. Neuroscience, Inc.: CONTRACT | CIVIL PROCEDURE - Rule 50(b) 'renewing' R.50(a) sufficently particular under Rule 7; JaML after jury verdict regarding damages St. Paul Lawyer Michael E. Douglas
www.injurylawtwincities.com, 22 Aug 2008 [cached]
Dr. Martin Hinz; Neuroresearch *
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In this diversity case, Dr. Martin Hinz and Neuroresearch Clinics, Inc.
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A jury returned a verdict for Hinz, awarding
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Hinz developed the D5 product series, including D5, D5 Extra, and D5 Mucuna to treat neurotransmitter dysfunction. The primary ingredient in D5 Mucuna was Mucuna pruriens; the primary ingredients in D5 were L-Dopa (from standardized Mucuna pruriens) and 5-HTP. Hinz and Kellermann reached a Joint Working Agreement on October 14, 2001.
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paying Hinz a royalty rate of 43 percent per product. In August 2002, Hinz and Kellermann created Neuroscience, Inc. to develop
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Neuroscience agreed to pay Hinz a royalty rate and salary, in addition to business expenses. On November 30, 2002,
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Neuroscience, while Hinz started Neuroresearch Clinics, Inc. Within weeks, Neuroscience contacted all the customers in its database to persuade them to stay with it. About 80 percent of the customers were contacts brought to Neuroscience by Hinz,
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In January 2003, Kellermann sued Hinz; Hinz countersued.
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specifically prohibited by this agreement for which [Hinz] had been paid royalties in the past. Four months later, Hinz sued Kellermann for breach of the settlement
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court granted judgment as a matter of law on damages, concluding Hinz provided no reasonable basis for the calculation of damages. However, the court denied Kellermanns motion for new trial, ruling it untimely.
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and (4) denying Hinz a permanent injunction, pre- and post-judgment interest, and attorneys fees and costs. Kellermann cross-appeals, objecting to the use of parol evidence. II. Hinz argues Kellermann failed to comply with the particularity requirement of Rule 7(b) of the Federal Rules of Civil Procedure in his post-verdict motion. Hinz
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Kellerman provided the district court and Hinz with notice, and Hinz
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To prove damages, Hinz must demonstrate by a preponderance of evidence that: (a) profits were lost, (b) the loss was directly caused by the breach . . ., and (c) the
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that (1)Hinz and Kellermann are competitors in a two-player market, (2) Kellermann
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Hinz alleges this evidence demonstrates that his profits
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Specifically, Hinz insists that from September 2002 to August 2003, before the settlement agreement, he had a 88.2 percent growth rate in actual revenues. For the three years after the settlement agreement, the growth rate was 28.4 percent (September 2003 to August 2004), 10.5 percent (September 2004 to August 2005), and 18.8 percent (September 2005 to August 2006). Hinz concludes he would have maintained a growth rate of
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816. Second, Hinz did not introduce his or Kellermanns customer lists, or show
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award, Hinz is not entitled to pre- or post-judgment interest. See Minn. Stat. 549.09; 28 U.S.C. 1961. -8- breaching products could have sustained the same growth rate over the time period, and thus, Kellermanns breach would not affect Hinz. See Faust v. Parrott, 270 N.W.2d 117, 121 (Minn. 1978) (stating on remand that the plaintiff may recover damages only if the profits they lost are a direct result of defendants competitive activities). Fourth, Hinz did not introduce evidence of the market industry or the relative growth rate of the market over the time period. Because this is a relatively new market, it is hard to discern how much of a growth rate is expected. For example, Hinz had a growth rate of 172.2 percent in September 2001 to August 2002. Whether 172.2, 88.2 or 18.8 is typical of the market was uncertain and speculative. See Cardinal Consulting Co. v. Circo Resorts, Inc., 297 N.W.2d 260, 267 (Minn. 1980) (recognizing it is more difficult to prove loss of prospective profits to a new business than to an established one). Based on the evidence, Hinz did not present a reasonable basis for calculating damages. The district court did not err in reversing the damage award. See Polaris, 299 N.W.2d at 419.3 IV. Hinz argues the district court erred by excluding from the jury instructions the concept that other proper measures of damages for Kellermanns breach included Kellermanns profits and the royalty rate paid to Hinz.
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Hinz lost because Dr. Kellermann breached the settlement agreement. .
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prospective customers of Hinz.
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measure of damages is the royalty rate previously paid to Hinz. As Hinz indicates: -10- the law, aiming at compensation, . . . considers it fair to hold a defendant for damages which as a reasonable man he ought to have foreseen as likely to follow from a breach.
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agreement (Hinz and Kellermann expressly agreed to terminate the Joint Working
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Agreement, which required royalty payments to Hinz), it is unfair to instruct that
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Hinz has not shown that he has suffered, or will suffer, any other type of injury. Based on the record, this court agrees. Because Hinz fails to show irreparable injury, he is not entitled to a permanent injunction. See
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To the extent it becomes necessary for the Defendant [Hinz] . . . to seek
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The question is whether Hinz prevails under the settlement agreement. Prevails
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As discussed, Hinz did not provide a reasonable basis for his damages, and thus, his breach-of-contract claim fails as a matter of law. See Jensen, 688 N.W.2d at 578- 79. Because he did not prevail under Minnesota law, he is not entitled to attorneys fees and costs.
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