The Ninth Circuit on Friday partially reinstated a California federal jury’s $44. 4 million verdict against tobacco company Swisher, ruling that the district court had incorrectly found that rival tobacco company Trendsettah committed “fraud on the court.
“The three-judge panel affirmed in part and reversed in part U. S. District Judge James Selna’s ruling granting Swisher International’s motion to set aside the judgment. In particular, the panel said Judge Selna had abused his discretion in granting Swisher’s motion because the company had presented no clear and convincing evidence that Trendsettah USA Inc. or its attorneys were responsible for misleading the district court in…
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Published: April 18, 2022
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