Opening The Door To Prior Litigation Evidence

Law360, New York (May 23, 2011, 1:40 PM EDT) -- The U.S. Court of Appeals for the Fourth Circuit recently issued a unanimous decision upholding a $13.5 million jury verdict and permanent injunction in a federal false advertising suit involving comparative advertisements targeting a direct competitor. PBM Products LLC v. Mead Johnson & Co., ---F.3d----, No. 10-1421, 2011 WL 1491066 (4th Cir. Apr. 20, 2011).

The opinion is noteworthy for a variety of reasons, in particular, for upholding the trial court’s decision to allow evidence of two prior litigations between the named parties, both producers of...
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