Swisher Hygiene Franchise Corp v. Troy Clawson

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 8 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SWISHER HYGIENE FRANCHISE No. 20-16727 CORPORATION, a North Carolina Corporation; et al., D.C. No. 2:15-cv-01331-DJH

Plaintiffs-Appellees,

MEMORANDUM*

v.

DAVID BARTON; et al.,

Intervenors-Appellants,

and

TROY CLAWSON, husband; et al.,

Defendants.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted March 9, 2022 San Francisco, California

Before: S.R. THOMAS, McKEOWN, and GOULD, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. We consider an appeal of the district court’s imposition of sanctions against

two attorneys and their law firm pursuant to its inherent authority after findings of

bad faith and spoliation of evidence.

Swisher Hygiene (“Swisher”) and Accurate Chemical and Services (“ACS”)

are competitors in the commercial hygiene products industry. Troy…