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
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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