Eighth Circuit: Peter Kiewit Sons' v. Steven West

FRCP, Remedies

When the court has made adverse credibility findings in discovery phase, there is no error in denial of a postponement of hearing for medical reasons when no firm date for availability is offered.

Where the deft does not establish how much of the gains were devoted to expenses, no error in not reducing disgorgement for trademark violation to account for defts' expenses.

A remark in sentencing that the amount of award is enough to make plaintiff whole is not enough to establish that disgorgement was used as compensatory measure.

http://media.ca8.uscourts.gov/opndir/16/01/143461P.pdf