The court declined to award enhanced damages despite defense counsel’s “misconduct [that] was so blatant that it can only be characterized as directly disrespectful of the Court.” “I have never seen a jury display such an open dislike of counsel as in this case. By the end of the second trial, jurors were raising their hands, asking me to request counsel to stop his misconduct. . . . So, while there was a clear case of litigation misconduct, it may not have done plaintiffs any harm.”
Smith & Nephew Inc. v. Arthrex, Inc., 3-04-cv-00029 (ORD October 23, 2008, Opinion & Order).