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US: US$44M award against Cigar-Maker must be restored

By  |  February 11, 2019

The Ninth US Circuit Court of Appeals on Friday, February 8, ordered the reinstatement of a jury’s US$44 million award against Swisher International—the world’s largest cigar-maker—based on its effort to stifle competition from an upstart rival.

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    Following the jury’s April 2016 determination that plaintiff Trendsettah USA  incurred damages in the amount of US$44,446,482 based on the defendant’s conduct, United States District Court Judge James V. Selna of the Central District of California made post-trial rulings and, later re-considering them, granted summary judgment to Swisher on the antitrust claims.

    Selna also granted Swisher a new trial on a claim of attempted monopolization and found it was entitled to judgment, as a matter of law, on a claim of actual monopolization. He denied Swisher’s motion for judgment as a matter of law in connection with attempted monopolization.

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