SHERMAN - A distributor of orthopedic products has filed a $1 million lawsuit claiming a competitor hired a former sales representative despite a non-compete agreement.
Smith & Nephew Inc. filed suit against Exact Surgical Inc. on Aug. 9 in the Eastern District of Texas, Sherman Division.
According to the lawsuit, in July 2010, Steven Dockery entered into a Sales Representative Agreement, which included a non-compete and non-solicitation clause.
In February, Dockery left the employment of S&N and was hired as a sales representative of the defendant, a company that designs, develops, manufactures and sells products that compete with S&N's orthopedic products, the suit states.
The defendant is accused of tortious interference with existing contracts and business relationships,
S&N is asking for an award of not less than $1 million in compensatory damages.
The plaintiff is represented by Brian P. Johnson and Kealy C. Sehic of Johnson, Trent, West & Taylor in Houston and Glen G. Reid Jr., Kristen Mistretta Wilson and Amber D. Floyd of Wyatt, Tarrant & Combs in Memphis, Tenn.
A jury trial is requested.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:12-cv-00495