Akerman Team Helps Win Reversal of Swisher Cigar Antitrust Jury Award
The $44 million award to a competitor is reversed after trial for Jacksonville-based Swisher International.
December 11, 2017 at 06:00 AM
2 minute read
![](http://images.law.com/contrib/content/uploads/sites/392/2017/11/roman-marsh-Article-201712041616.jpg)
Ryan Roman and Michael Marsh
Akerman
Miami partners Michael Marsh and Ryan Roman helped persuade a federal judge to strike a $44.4 million jury award with treble damages in post-trial motions for Jacksonville-based cigar maker Swisher International Inc.
A 2 1/2-week trial ended in March 2016 with breach of contract and antitrust findings against Akerman's client in a lawsuit filed by Trendsettah, a much smaller competitor. A $14.8 million jury award was trebled on the federal antitrust claim.
Swisher brought in Gibson, Dunn & Crutcher, led by its litigation co-chair Theodore J. Boutrous Jr., after the verdict.
U.S. District Court Judge James Selna in Santa Ana, California, ruled in November that a recent decision by the U.S. Court of Appeals for the Ninth Circuit on supplier agreements among competitors justified reversing the jury decision and granting summary judgment in favor of the Florida company on the antitrust claim.
The court acknowledged Swisher relied on the district court decision underlying the Ninth Circuit opinion in its summary judgment papers and reviewed that pretrial decision before ruling for Swisher.
A $9 million breach of contract judgment was issued against Swisher last December, and the judge added $2.6 million in attorney fees and costs in March. A notice of appeal has been filed.
Under a 2011 contract, Swisher, which produces 1.6 billion cigars a year, agreed to supply Trendsettah with cigarillos to be sold under the Splitarillo brand. But Trendsettah claimed Swisher restricted production after sales took off and ate into Swisher's market share. The companies disputed similarities between the flavored Swisher Sweets and Splitarillo brands, which include Cali Green and Swag Berry varieties.
Additional Akerman team members were Jennifer Glasser and Naim Surgeon in Miami, Kimberly Lopez and Matthew Detzel in Orlando, and Joshua Mandell in Los Angeles.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Florida Judge Tosses Antitrust Case Over Yacht Broker Commissions Florida Judge Tosses Antitrust Case Over Yacht Broker Commissions](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/22/0b/c26eebe4402a8b28a47b9152f063/amadea-1-767x633.jpg)
![O'Melveny Secures Global Clearances for Korean Air-Asiana Merger O'Melveny Secures Global Clearances for Korean Air-Asiana Merger](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/ce/fc/294371ba4e85a61ad10a3d943bb0/korean-air-and-asiana-airlines-767x633.jpg)
O'Melveny Secures Global Clearances for Korean Air-Asiana Merger
!['We Should Be Pragmatic': Meet the Possible Next FTC Chair 'We Should Be Pragmatic': Meet the Possible Next FTC Chair](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/91/89/5bc2b7ef48298341fdc3401c6aba/melissa-holyoak-767x633-1.jpg)
![DOJ, 8 State AGs Sue RealPage for Alleged Sherman Act Violations in Algorithmic Pricing Scheme DOJ, 8 State AGs Sue RealPage for Alleged Sherman Act Violations in Algorithmic Pricing Scheme](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/403/2024/08/real-estate-tax-AdobeStock_621711650-By-Sutthiphong-767x633.jpg)
DOJ, 8 State AGs Sue RealPage for Alleged Sherman Act Violations in Algorithmic Pricing Scheme
Trending Stories
- 1Sharpening Residential Insurance Fraud Defense Strategies: Insights for Insurers to Mitigate Risk in 2025
- 2Reversal of Fortune: Restoring Owners’ Equity Under New Jersey’s Tax Sale Law
- 3Black Judges Discuss Growing Up During Segregation, Efforts to Diversify the Profession
- 4As They Dissolve the Firm, Equity Partners in Houston Trial Firm Hodges & Foty Dispute Over Access to Bank Accounts
- 5How I Made Office Managing Partner: 'Always Be Willing to Work Harder Than the Person Next to You,' Says Esther Cho of Stradley Ronon
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250