Bell Nunnally, led by Partner Jeffrey S. Lowenstein (first chair) and Senior Associate Josh Fuller (second chair), secured a nearly $3.5 million jury verdict for Marietta, Georgia-based antimicrobial technology company FiteBac SkinCare LLC in its case against Dhaliwal Laboratories LLC in Dallas County District Court before Judge Aiesha Redmond (FiteBac SkinCare LLC v. Dhaliwal Laboratories LLC; DC-23-12354).

FiteBac sued Dhaliwal for breach of contract and breach of implied warranties related to the defective manufacture and packaging of FiteBac’s patented, nonalcohol hand sanitizer. The jury agreed that Dhaliwal’s actions, beginning in May 2020, caused FiteBac to lose inventory; research and development investments; expected returns; and profits. The jury also awarded FiteBac costs incurred for storage, destruction and mitigation after discovering the product and packaging defects.

After just 45 minutes of deliberations, the jury unanimously found Dhaliwal 100% liable and awarded nearly $3.5 million in damages to FiteBac. Notably, the jury awarded the full amount FiteBac sought to recover. A post-trial hearing on attorneys’ fees is pending before entry of final judgment.