United States Fifth Circuit

In a suit between vacuum cleaner companies alleging false advertising under section 43(a) of the Lanham Act, 15 U.S.C. section 1125(a)(1)(B) (2006), and the Louisiana Unfair Trade Practices Act, summary judgment in favor of defendant is affirmed where plaintiff's claims arise from the same series of transactions from which previously settled litigation (Oreck I) arose.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

• HAYNES, Circuit Judge:, Before JOLLY, BENAVIDES and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Frederick W. Bradley, King, Krebs & Jurgens PLLC, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• David Kenneth Callahan, Jessica C. Kaiser and Thomas M. Monagan, Kirkland & Ellis, Chicago, IL, David L. Patron and Brent Bennett Barriere, Phelps Dunbar, New Orleans, LA, for Defendant-Appellee.