Antitrust & Trade Reg.,
9th U.S. Circuit Court of Appeals
Apr. 18, 2022
Rejection of antitrust verdict against Swisher is affirmed
But 9th Circuit Judge Johnnie B. Rawlinson wrote that trial Judge James V. Selna abused his discretion in granting Swisher’s Rule 60(d) motion based on fraud on the court.
In a split decision, a 9th U.S. Circuit Court of Appeals panel on Friday affirmed U.S. District Judge James V. Selna's decision to toss out an antitrust verdict against tobacco manufacturer Swisher International Inc.
Writing for the court, Judge Johnnie B. Rawlinson reversed Selna in part, ruling that the Santa Ana judge abused his discretion in granting Swisher's Rule 60(d) motion based on fraud on the court.
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