Abbott Keeps $33 Million Sanction Award From Diabetes Strip Case

Abbott Laboratories’ $33.4 million sanctions award imposed in a trademark infringement lawsuit survived Thursday as the Second Circuit found a medical product wholesaler wasn’t entitled now to a jury trial to determine the amount.

H&H Wholesale Services Inc., its CEO, and his wife “waived their right” to a trial over the case-ending sanctions amount when the company agreed to a damages inquest instead, a summary order filed in the US Court of Appeals for the Second Circuit said. The panel affirmed the lower court’s conclusion that lesser sanctions would be “ineffective” given repeated discovery abuses and misrepresentations to the court, ...