United States First Circuit

Judgment for defendants and denial of motion for a new trial are affirmed in a suit to enforce a settlement agreement from a false advertising claim where: 1) defendant's attorney did not engage in prejudicial misconduct during the course of the trial, and her mere presence did not lend undue weight to the testimony of defendant's witnesses; and 2) the jury verdict was not against the clear weight of the evidence.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• STAHL, Senior Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lawrence R. Ehrhard, with whom Rose A. McGuirrin was on brief, for appellant.


• For Appellees:
  
• Cynthia D. Vreeland, with whom Brett R. Budzinski and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellee.