Defense Trial Victory: False Advertising, Contract Interference Claims, Alleged California Business & Professions Code Violations

(Last updated July 3, 2008)

A Severson & Werson trial team, co-chaired by Members Scott J. Hyman and Kristin L. Walker, featuring associate Eric J. Troutman, won a defense veridict for Severson & Werson’s prominent Bio company client. After nearly one month of jury trial, at the close of Plaintiff's case, the Court granted Severson’s motion for judgment as a matter of law.

The plaintiff and Severson’s client are the two main competitors in a niche market which sells biological fly control to the horse industry, among others. During a month-long jury trial in Federal Court, Severson defended its’ client against plaintiff's allegations which focused on false advertising claims, including violations of the Lanham Act, the Business & Professions Code, and various business torts, such as contract interference claims. Judge Otis Wright granted 10/14 of Severson's motions in limine, including several related to limiting expert scientific testimony under Daubert.