DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101794P.pdf 01/12/2011 WWP v. Wounded Warriors Family
U.S. Court of Appeals Case No: 10-1794
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Riley, Author, with Melloy and Gruender, Circuit Judges]
Civil case - Consumer law. Entry of permanent injunction mooted
appeal from preliminary injunction; district court did not abuse its
discretion by denying defendant's motion to compel discovery of
donation records; district court did not err in denying defendant's motion
in limine to preclude certain testimony on damages from plaintiff's
forensic accountant; while it would have been preferable for the district
court to exclude any evidence that it had entered a preliminary injunction
shutting down defendant's website, there was no prejudice to defendant
as the references to the issue were isolated and the jury was given a
cautionary instruction; evidence was sufficient to support the jury's
verdicts for plaintiff on the claims of unjust enrichment and violation of
the Nebraska Consumer Protection Act; record justified jury's award of
$425,000 because a reasonable jury could find defendant damaged
plaintiff's reputation and good will.