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Aronowitz v. Health-Chem Corp.

Plaintiffs-counter defendants-appellants, Jack Aronowitz, Health-Chem Diagnostics LLC, and Leon Services LLC (collectively “Aronowitz”), appeal an “Omnibus Order” by the district court for the Southern District of Florida addressing a number of post-trial motions. The order (1) set aside the jury verdict that had been rendered in Aronowitz’s favor as to his first breach of contract claim against defendant-counter claimant-appellee Health-Chem Corporation (“Health- Chem”); (2) reduced the damages awarded with respect to the second breach of contract claim against Health-Chem from $2.6 million to nominal damages of $1; (3) upheld the jury’s verdict against Aronowitz on Health-Chem’s counterclaim for trademark infringement; and (4) conditionally granted a new trial to Health-Chem in the event the court’s primary rulings were reversed. We AFFIRM in part, REVERSE in part, and REMAND for a new trial as to damages for breach of the 2003 contract.

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