Whether a given user is sophisticated is generally an issue of fact. See, e.g., Gray v. Badger Mining Corp., 676 N.W.2d 268 (Minn.2004); Conwed Corp. v. Union Carbide Corp., 287 F.Supp.2d 997 (D.Minn.2003). 6 . "Universal'' certification is the highest certification an HVAC technician can obtain from the EPA, and it allows those certified to work on, and purchase, refrigerant for large commercial air conditioning systems. 7 . In applying this defense, courts have differed as to whether a defendant must establish one or both of these factors, as well as what is required to establish those factors. See, e.g., In re Manbodh Asbestos Litigation Series, 2005 WL 3487838, at *11, 14 (V.I.Super.2005) (requiring both); Taylor v. American Chemistry Council, 576 F.3d 16, 26 (1st Cir.2009) (<HOLDING>); O’Neal, 10 F.3d at 252 (allowing defense
holding that reasonable reliance is not an element of the defense holding that reliance is not an element of the crime of stock manipulation holding that reliance is not an element to be proven under securities fraud in indiana holding the connection is an element holding that reliance is not a required element of securities fraud in a state enforcement action in idaho