December 2015

Medical Device Manufacturer Defeats Claims by Independent Sales Representative

United States - Colorado

A medical device manufacturer walked away untouched from its first trial in eight years. Faegre Baker Daniels represented the company in narrowing down the case, claim by claim, before defeating the final claim in December 2015 and winning an order awarding more than $500,000 in attorneys' fees in March 2016.

In January 2014, a former independent sales representative alleged claims for breach of contract, fraud, tortious interference and conversion. The briefing led to an early summary judgment win dismissing the tortious interference and conversion claims - as well as another summary judgment win after discovery dismissing the express breach of contract and fraud claims and accompanying punitive damages requests.

In December 2015, FaegreBD tried the only remaining claim, for breach of covenant of good faith and fair dealing implied in the parties' contract. The plaintiff sought more than $3 million in damages. After a five-day trial in federal court, the jury found no liability.

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