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Business Law
Unfair Competition
Tortious Interference

Scott C. Moody Inc. v. Staar Surgical Company

Published: Apr. 17, 2010 | Result Date: Dec. 2, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 07CC10132 Verdict –  $6,500,000

Court

Orange Superior


Attorneys

Plaintiff

Mark S. Adams

Monica Q. Vu

Eudeen Y. Chang

Isaac R. Zfaty
(Much Shelist PC)


Defendant

Daniel J. Callahan
(Callahan & Blaine)

Brian J. McCormack
(Callahan & Blaine APLC)


Facts

Defendant STAAR Surgical Co. produced and sold specific lenses for surgical vision improvement, including alternate lenses for the natural crystalline lens during cataract surgery. STAAR authorized plaintiff Scott C. Moody Inc. (SMI) as its independent sales company. In 2007, STAAR and SMI did not negotiate a new contract. Subsequently, SMI sued STAAR, alleging that STAAR engaged in negligent and intentional interference with SMI's prospective economic advantage to sell STAAR's competitors' products.

Contentions

PLAINTIFF'S CONTENTIONS:
SMI claimed that STAAR hindered SMI from working with STAAR's competitors by tortiously interfering with SMI's prospect of making sales of Bausch & Lomb lenses based on an invalid non-compete provision. In addition, SMI contended that STAAR tried to hire away SMI's sales team.

Result

The jury awarded SMI $6.5 million, which included $2.5 million in punitive damages.

Length

seven weeks


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