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Torts
RICO

Skye Orthobiologics LLC, Human Regenerative Technologies LLC v. CTM Biomedical LLC, Bryan Banman, Veterans Medical Distributors Inc., Gardner Rogers, Mike Stumpe, Pablo Seoane, Paul Seoane, and Does 1 through 10, inclusive

Published: Nov. 24, 2023 | Result Date: Aug. 29, 2023 | Filing Date: Apr. 14, 2020 |

Case number: 2:20-cv-03444-DMG-PVC Verdict –  $62,054,745

Judge

Maame E. Frimpong

Court

CD CA


Attorneys

Plaintiff

Ryan D. Saba
(Rosen Saba LLP)

James R. Rosen
(Rosen Saba, LLP)

Todd M. Lander
(Rosen Saba LLP)

Laura Kelly St. Martin
(Rosen Saba LLP)

Neda Farah
(Rosen Saba LLP)

Allison Owen
(Rosen Saba LLP)


Defendant

Paul T. Martin
(Hennelly & Grossfeld LLP)

Thomas H. Case
(Hennelly & Grossfeld LLP)

Robert J. Fluskey Jr.
(Hodgson Russ LLP)

Ryan K. Cummings
(Hodgson Russ LLP)

Matthew K. Parker
(Hodgson Russ LLP)


Facts

Plaintiffs Skye Orthobiologics, LLC and Human Regenerative Technologies, LLC manufacture and sell human biologic products for physicians to use on patients. Defendant Bryan Banman was a former Vice President of Skye Orthobiologics and is a member of Human Regenerative Technologies.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that Banman left his employment with Skye and misappropriated confidential information, including product formula and manufacturing information, in order to start a competing business called CTM Biomedical. Plaintiffs also alleged that Banman breached his fiduciary duties in doing so. Plaintiffs sought past and future lost profits and punitive damages.

DEFENDANTS' CONTENTIONS: Defendants alleged Banman did not take or use any of Plaintiffs' information when operating CTM Biomedical. Defendants also argued that any information Banman used was not confidential.

Settlement Discussions

Defendants did not offer any money prior to trial

Result

A unanimous jury found that Defendant Banman breached his contracts with the Plaintiffs and breached his fiduciary duties to Plaintiff Skye. The jury awarded Plaintiffs $36,494,745 in lost profits and $25,560,000 in punitive damages for a total of $62,054,745.

Other Information

Plaintiffs have filed a motion for attorneys' fees and costs in the amount of $7,951,591.41. Defendants have moved for judgment as a matter of law and for a new trial.

Deliberation

four hours

Poll

7-0

Length

seven days


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