Plazzo v. Nationwide Mutual Insurance

How later courts describe this case

• holding that a trademark infringement case is “exceptional” and justifies the award of reasonable a attorney’s fee if defendants infringement was malicious, fraudulent, deliberate, and wilful
• reversing jury verdict for the plaintiff for $20 million in compensatory damages and punitive damages of $75 million, and granting judgment n.o.v. to the defendant after concluding that the plaintiff's evidence was inadmissible under Richardson
• reversing jury verdict for the plaintiff for $20 million in compen satory damages and punitive damages of $75 million, and granting judgment n.o.v. to the defendant after concluding that the plaintiffs evidence was inadmissible under Richardson
• "the evidence upon which plaintiffs propose to rely — statistical evidence of widespread discrimination — is common to the class as a whole”
• "[t]he Court concludes that the Deferred Compensation Plan provides retirement income to employees and is an employee pension benefit plan under ERISA"