Orthopedic products distributor sues competitor for hiring former sales rep

By Michelle Keahey, East Texas Bureau | Aug 21, 2012


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

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