United States Fifth Circuit
Advocare Int'l LP v. Horizon Labs., Inc., 06-11157
In a suit brought by a company that formulated and sold products for improving nutrition and weight loss, arising from underlying suits claiming personal injuries caused to users of products containing ephedra, a judgment primarily for plaintiff and third-party defendant-insurer is affirmed for the most part, but reversed in part as to one of two awards of punitive damages to plaintiff for a defendant's fraud and breaches of fiduciary duty. An award of prejudgment interest is vacated and remanded.
Appellate Information
- Decided 04/11/2008
- Published 04/14/2008
Judges
- PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- James Gregory Morris (argued), Morris & Associates, Sherman Oaks, CA, for Horizon Laboratories, Inc., Charles E. Leche (argued), Deutsch, Kerrigan & Stiles, New Orleans, LA, Jay Reynolds Downs, Downs & Stanford, Dallas, TX, for Lexington Ins. Co.
- For Appellees:
- Daniel J. Sheehan, Jr. (argued), Daniel Sheehan & Associates, Dallas, TX, for Plaintiff-Appellee.