Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC
United States Court of Appeals for the Seventh Circuit
626 F.3d 958 (2010)
Nightingale Home Healthcare (plaintiff) purchased infrared lamps from medical-device manufacturer Anodyne Therapy (defendant), and after a pricing dispute, sued Anodyne under the Lanham Act, alleging its sales representatives falsely claimed FDA approval for treating a specific illness. The district court found the Lanham Act claim entirely without merit and concluded Nightingale had brought it specifically to pressure Anodyne into a price reduction, granting Anodyne summary judgment and awarding it attorneys' fees; Nightingale appealed only the fee award.
Whether an award of attorneys' fees to a prevailing Lanham Act defendant is justified where the losing plaintiff's claim was not only meritless but brought in an effort to coerce a business concession from the defendant.