The U.S. Supreme Court has declined to take up cigar maker Swisher International Inc.’s appeal in a long-running contract and antitrust battle with Trendsettah USA Inc., leaving intact a Ninth Circuit ruling that revived part of a jury verdict and upheld more than $10 million in attorney-fee awards.
The justices on Monday denied Swisher’s petition for certiorari, which asked the court to review whether Trendsettah improperly manufactured appellate jurisdiction by voluntarily dismissing its remaining claims after the Ninth Circuit declined to hear an earlier appeal.
Swisher argued that allowing a party to drop its own claims solely to secure appellate review conflicts with Supreme Court precedent and exceeds constitutional limits on federal court jurisdiction. The high court declined to intervene without comment.
The dispute stems from Trendsettah’s Splitarillo cigarillo business and a manufacturing and distribution agreement with Swisher. A jury originally awarded Trendsettah more than $9 million on breach-of-contract claims and roughly $44 million on antitrust claims after trebling.
That verdict was later vacated by a California federal judge after a criminal case involving Trendsettah founder and trial witness Akrum Alrahib revealed tax-evasion-related misconduct. The court ordered a new trial, triggering years of procedural litigation over liability, damages, and entitlement to attorney fees.
The Ninth Circuit later reinstated portions of the verdict and related fee awards, setting the stage for Swisher’s unsuccessful attempt to obtain Supreme Court review.
Swisher was represented before the Supreme Court by Theodore J. Boutrous Jr. of Gibson Dunn & Crutcher LLP, along with Michael C. Marsh and Ryan Roman of Akerman LLP.
The case is Swisher International Inc. v. Trendsettah USA Inc. et al., case number 25-569, in the Supreme Court of the United States.
