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ESHELMAN v. PUMA BIOTECHNOLOGY, INC.

No. 20-1329, No. 20-1376.

2 F.4th 276 (2021)

Fredric N. ESHELMAN, Plaintiff-Appellee, v. PUMA BIOTECHNOLOGY, INC., Defendant-Appellant, and Alan H. Auerbach, Defendant. Fredric N. Eshelman, Plaintiff-Appellant, v. Puma Biotechnology, Inc., Defendant-Appellee, and Alan H. Auerbach, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: June 23, 2021.

Attorney(s) appearing for the Case

ARGUED: Roman Martinez , LATHAM & WATKINS LLP, Washington, D.C., for Appellant/Cross-Appellee. Elizabeth Marie Locke , CLARE LOCKE LLP, Alexandria, Virginia, for Appellee/Cross-Appellant. ON BRIEF: Charles S. Dameron , Margaret A. Upshaw , LATHAM & WATKINS LLP, Washington, D.C., for Appellant/Cross-Appellee. Joseph R. Oliveri , CLARE LOCKE LLP, Alexandria, Virginia, for Appellee/Cross-Appellant.

Affirmed in part, vacated in part, and remanded for further proceedings by published opinion. Judge Motz wrote the opinion, in which Chief Judge Gregory and Judge Thacker joined.

In 2019, a jury found Puma Biotechnology, Inc. had defamed Fredric Eshelman and ordered Puma to pay Eshelman $22.35 million in compensatory and punitive damages. This verdict constituted the largest damages award in a defamation suit in North Carolina history. Puma appeals, challenging the jury verdict on a number...

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