New Trial In Playtex Diaper Pail False Ad Row Affirmed

Law360, New York (November 19, 2012, 1:07 PM EST) -- A California federal judge on Friday refused to back down from his decision last month to grant a new trial to Playtex Products Inc. after rival Munchkin Inc. secured a $13.5 million jury verdict for Playtex's alleged false marketing of diaper disposal products.

Munchkin argued in a motion for reconsideration that the court never considered whether an erroneous jury instruction was harmless, but U.S. District Judge A. Howard Matz said the claim amounted to a new legal argument that Munchkin could have presented during trial. Even...
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