No Disgorged Profits In False Advertising Case, 5th Circuit Says

Mealey's (March 29, 2019, 9:13 AM EDT) -- NEW ORLEANS — In a March 26 divided ruling the Fifth Circuit U.S. Court of Appeals found no abuse of discretion in a Texas federal judge’s determination that a prevailing false advertising plaintiff is not entitled to disgorged profits (Retractable Technologies Inc. v. Becton Dickinson & Co., No. 17-40960, 5th Cir., 2019 U.S. App. LEXIS 9020)....