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July 29, 2010 |
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| September 29, 2008 |
By: Review staff & VerdictSearch |
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Case: Nobel Biocare USA vs. Keystone Dental and Douglas Statham
Case No.: UWY-CV-07-4015046S
Description: Unfair trade practices
Filing date: Nov. 13, 2007
Trial date: None
Judge: Connecticut Superior Court Judge Barry K. Stevens
Plaintiff attorney: Mark Zelek, Jason Nickerson and Christopher Pardo, Morgan Lewis & Bockius, Miami
Defense attorney: Michael N. Sheetz and Gregg A. Rubenstein, Nixon Peabody, Boston, and Jerome O’Malley, Tobin Carberry O’Malley Riley & Selinger, New London, Conn.
Settlement: $2 million
Details: Yorba Linda, Calif.-based Nobel Biocare is the U.S. subsidiary of Switzerland’s Nobel Biocare Holding. The company makes dental implants and markets orthopedic guided surgery software.
Start-up Keystone Dental of Burlington, Mass., which received financing from the private equity firm Warburg Pincus, was accused in the lawsuit of stealing trade and proprietary information by hiring away 15 key Nobel sales and marketing staff members.
The case was filed in Connecticut because one of the former employees lived there and Connecticut law was favorable to Nobel Biocare’s case, Zelek said. Connecticut courts accept “the inevitable disclosure doctrine,” recognizing that it was unavoidable for Nobel employees who left for Keystone Dental not to disclose propriety information.
Plaintiff case: Nobel Biocare said its former employees violated their confidentiality and noncompete agreements.
Nobel accused Keystone of approaching Nobel customers and marketing a treatment and surgical precision software allowing dental surgeons to map their incisions as a replacement for Nobel products.
Nobel accused Keystone Dental of violating Connecticut’s Uniform Trade Secrets Act and Unfair Trade Practices Act, among other things. The lawsuit sought injunctive relief and compensatory and punitive damages.
Keystone “attempted to accelerate its business plan by taking 15 or so Nobel employees,” Zelek said.
Defendant Douglas Statham was a former Nobel “aesthetics specialist” who became Keystone Dental’s product manager.
“While working at Nobel, Statham had access to its highly proprietary and confidential information and trade secrets,” according to Nobel’s amended complaint
Defense case: Attorneys for Keystone did not return phone calls for comment by deadline. Zelek said Keystone made a number of defenses, notably that the noncompete agreements were overbroad. The employees who jumped ship came from throughout the nation.
Outcome: Keystone agreed to pay $2 million to settle the lititgation Sept. 3. Zelek said he could not talk about the settlment negotiations under the agreement.
Comments: “Certainly, Nobel believes in fair competition. But when competition crosses the line, it is prepared to do whatever legal actions are necessary,” Zelek said.
Post settlement: Keystone agreed not hire or solicit any current Nobel employees through Feb. 1, 2009.
— John Pacenti
Mark Zelek photo by A.M. Holt
Products Liability
U.S. District Court, Miami
Bobcat manufacturer agrees to settle with worker over amputation
The manufacturer of a Bobcat excavator agreed to pay $1.85 million to a construction worker who lost half of his leg after his left foot was crushed when the vehicle tipped over Dec. 18, 2003.
Clifford Moncrieffe was operating a Bobcat X320 compact excavator at a construction site when it tipped onto its left side. His counsel argued the Bobcat didn’t have an adequate tip-over protective system. Safeguards should ensure that a seat-belted operator’s extremities remain inside the operator compartment in the event of a rollover.
Plaintiff counsel was able to show the defendant was made aware during the design process of the potential for leg extrusion in a lateral tip-over. Moncrieff’s leg was amputated below the knee in subsequent surgery because of complications from his initial foot amputation. Defendants removed the case from Miami-Dade Circuit Court. U.S. District Judge Alan Gold closed the case Wednesday.
Case: Moncrieffe v. Clark Equipment Co.
Case no.: 1:06-cv-22644
Plaintiff lawyers: Kimberly L. Boldt and Thomas A. Culmo, Alters Boldt Brown Rash & Culmo, Boca Raton
Defense lawyer: James S. Usich, Law Office of James S. Usich, Palmetto Bay
Products Liability
Palm Beach Circuit Court
Defendants settle with woman who fell off salon table
A woman who fell off a table at a nail salon when its head and neck support collapsed accepted a $100,000 settlement.
Karen Annarumma landed on her neck and shoulder, resulting in a torn rotator cuff and four bulging discs in her neck. She sued Nails by Rachel in Lake Worth, the table’s manufacturer YCC Products and distributor Blondies International.
The defendants settled before discovery. Nails by Rachel paid $55,000, YCC products paid $40,000, and Blondies paid $5,000.
Case: Annaruma v. Nails by Rachel Inc.
Case no.: 2007-CA-8842-AE
Plaintiff lawyer: Alexander L. Kaplan, Alexander L. Kaplan, P.A., Naples
Defense lawyers: Robert Horowitz, Schwartz & Horowitz, Boca Raton; Eric Sage, Mitrani Rynor & Adamsky, Weston; Cristian D. Valois, Hernandez & Hicks, Fort Lauderdale
Employment
U.S. District Court, Tampa
Restaurant manager awarded for termination over pregnancy
A jury awarded $30,000 to a woman who was fired from her job as assistant manager at a Subway restaurant immediately after she told her boss that she was pregnant.
Rebecca Corso became ill at work and told her manager it was because she was pregnant. Corso claimed her boss told her point blank that she could not work sick or tired.
The defendant did not appear at trial. Of the award, Corso received $15,000 for punitive damages.
Case: Corso v. It Can be Done Inc.
Case no.: 8:07-cv-01548-JDW-MAP
Plaintiff lawyers: Darren D. McClain and James Moten Thompson, Nelson Bisconti Thompson & McClain, Tampa
Defense lawyer: Not represented
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