Represented ViaQuest in litigation involving trade secrets and tortuous interference

In late October of 2013, we represented ViaQuest, Inc. and its subsidiary SupportCare, Inc. in two-week jury trial involving allegations of misappropriation of trade secrets, civil conspiracy, tortious interference with contractual relations and breach of the duty of good faith and loyalty. Two former employees of our clients conspired to bring one of our then current employees to their new place of employment, a local competitor of our clients. They sought to open new operations in Cuyahoga County, a county in which the defendants had not previously performed any business. Given their relationship the former employees knew the current employee was capable of bringing her full case load, her entire staff and all of her associated contracts, totaling yearly gross revenues in excess of $500,000.

Facing a primary defense of the fact that the services were “medical services” and the patients had the “freedom to choose their provider” we constructed a case based on several “smoking gun” documents showing the civil conspiracy BEFORE our employee left the employment of our client. During a two-week jury trial we received judgments on all claims, receiving a total verdict of over $2 million.

In addition, we sought punitive damages and attorneys’ fees from the defendants. Prior to a hearing to assess those damages, we negotiated a settlement with the defendants for an additional $225,000, bringing the total verdict to $2,250,000, which is believed to be the largest commercial jury verdict award in Franklin County in 2013. In addition, the Agreed Final Judgment Entry, granted our clients a Permanent Injunction prohibiting our competitor from taking similar actions in the future. Finally the Defendants agreed to waive all rights to appeal and agreed to pay the final judgment in full.