Stacy Holds Ex-Sales Manager Accountable for Violating Employee Non Solicitation Restriction

(Primus Pharmaceuticals, Inc. v. Raymond Dugan Prater, CV2012-001143, Maricopa County Superior Court)

Stacy brought a lawsuit on behalf of Primus Pharmaceuticals, Inc. against a former Primus sales manager who improperly solicited several Primus sales representatives to work for him at his new employer in violation of an employee non-solicitation provision contained in the sales manager's restrictive covenant agreement.  After defeating a motion to dismiss, the case settled in exchange for a payment to Primus of $200,000 and an extension of the employee non-solicitation provision, among other concessions.   A copy of the First Amended Complaint filed in the case and the order of dismissal setting forth the material settlement terms is attached.

Primus – First Amended Complaint FILED

Prater – Order of Dismissal

G&A Convinces Court to Deny Application for Preliminary Injunction in Customer Non Solicitation Case

(Pacific Office Automation Inc. v. Duran, et. al., C20122452, Pima County Superior Court)

Stacy and Andrew successfully defended Action Imaging, Inc. and its new sales employee, Trent Duran, against an application for preliminary injunction filed by Duran's former employer, POA.  POA argued that Duran and Action Imaging should be prohibited from having contact with its former and current customers.  The Court disagreed, finding POA had not demonstrated it has a probability of success on the merits.  The Court also dismissed Action Imaging as a party.

[View PI Ruling 070912]

Summary Judgment Awarded in Breach of Employment Contract Action

(Tilton v. GDG Partners, LLC, CV 2010-025376, Maricopa County Superior Court)

Stacy and Andrew represented Daniel Tilton, a former execuitve of GDG Partners, in a breach of employment contract action arising from GDG's failure to pay Tilton earned bonus compensation.  On September 19, 2011, the court granted summary judgment in favor of Tilton on his breach of contract claim, and awarded him attorney fees. 

Summary Judgment in Reverse Discrimination and Retaliation Case

(Misturini v. State of Arizona, CV 10-2327-PHX-HWG, Arizona District Court)

Stacy successfully defended the State in a reverse discrimination and retaliation lawsuit in Arizona district court.  On March 20, 2012, the State's motion for summary judgment was granted and all claims were dismissed.  The State was awarded and collected its taxable costs and recovered a significant portion of its attorneys fees.     

Unanimous Defense Verdict, Upheld on Appeal

(Kahn v. Vista Health, et. al., Mohave County Superior Court, CV2008-0858, 1 CA-CV 10-0667, petition for cert. denied)

Stacy defended Vista Health, a medical practice and its owners, in an employment law action brought by a former physician who alleged breach of contract and wrongful termination. The case was tried to a jury in Mohave Superior Court in January 2010.

The jury reached a unanimous defense verdict on all claims asserted against Vista Health and in favor of Vista Health on its counterclaim. The verdict was affirmed on appeal and the judgment was fully satisfied.  

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