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Ameritox v. Millennium Labs

On September 3, 2015, Bancroft secured vacatur of an $11 million jury verdict in Ameritox, Ltd. v. Millennium Laboratories, Inc., 803 F.3d 518 (11th Cir. 2015). Ameritox brought suit against Millennium alleging violations of the Lanham Act and several state unfair competition statutes. Before trial, Ameritox’s lone federal claim dropped out of the case, yet despite the lack of diversity jurisdiction, the district court proceeded to hold a trial involving only state law claims. At the end of that trial, which involved the application of the unfair competition laws of nine different states, the jury returned a verdict in favor of Ameritox. On appeal, the Eleventh Circuit held that the district court’s decision to retain jurisdiction over novel and complex state law claims involving the law of nine different states constituted an abuse of discretion. Paul D. Clement argued the case before the Eleventh Circuit and H. Christopher Bartolomucci and D. Zachary Hudson assisted with the briefing.

Opinion