Nerium denied legal costs, Dennis Windsor’s lawsuit dismissed
What’s left of Dennis Windsor’s lawsuit against Nerium has been dismissed by a Texas court.
Windsor (right), a co-founder of Nerium, was President of the company until his termination in 2016.
Why Windsor was terminated from the company has never been made public.
Following his termination, Windsor filed suit against Nerium and fellow co-founder Jeff Olson. In his lawsuit, Windsor claimed Olson stiffed him out of millions.
In May 2019 it appeared a settlement was on the horizon. By that stage Windsor’s claims for copyright infringement, breach of contract, fraudulent inducement/fraud, promissory estoppel, unjust enrichment had been denied.
Nerium meanwhile had filed a counterclaims against Windsor, which were settled via a mutually agreed upon injunction in September 2019.
As of September 2019 the only outstanding issue in the case was Nerium’s claim for $489,481 in legal fees.
Nerium made this claim as per the Copyright Act.
In a March 27th Memorandum Opinion and Order, Judge Lindsay ruled Windsor’s copyright claims weren’t “frivolous and objectively unreasonable” – thus barring Nerium from claiming costs.
The court … determines that Defendants (Nerium) have failed to … support their request for attorney’s fees under the Copyright Act.
Seeing as Nerium’s legal costs were the final matter to be litigated in Windsor’s lawsuit, the March 27th order effectively brings the matter to a close.
Since filing his lawsuit, Windsor has gone to assume the role of Chief Development Officer at Jeunesse.
As at the time of publication, the FTC’s lawsuit is still playing out in court.