Victory in the 5th Circuit Court of Appeals
May 4, 2009On May 1, 2009, the U.S. Court of Appeals for the Fifth Circuit issued a favorable decision in an appeal involving the Lanham Act and a sanctions order. The case (Pillar Panama SA v.DeLape) involved a dispute under section 43(a) of the Lanham Act, which deals with false advertising. Although the lower court (Hon. Lynn Hughes) had thought the case should be dismissed with prejudice, the Fifth Circuit disagreed. The Fifth Circuit also overturned the lower court's imposition of sanctions, finding an abuse of discretion and setting aside the sanctions in their entirety.
Beck Redden appellate partner David Gunn worked on the case in collaboration with an excellent trial team from the Greene Espel firm of Minneapolis, Minnesota, which consisted of Larry Shapiro and Mark Johnson. The three of them prepared the appellate briefing together, and Mr. Gunn presented the oral argument to a panel consisting of Judges Will Garwood, Priscilla Owen, and Catharina Haynes.