Lanx loses bid to toss NuVasive's poaching lawsuit

Mon, 07/23/2012 - 10:50am
Mass Device

Lanx Inc. loses its bid to toss a breach-of-contract lawsuit filed against it by competitor NuVasive, alleging that Lanx raided its national sales force.


Medical device company Lanx Inc. lost a bid to have 1 of at least 2 breach-of-contract lawsuits filed against it by competitor NuVasive (NSDQ:NUVA) thrown out.

The Delaware Chancery Court denied a Lanx motion to dismiss the suit accusing it of raiding NuVasive's sales force and poaching a surgeon consultant. A separate lawsuit filed in the U.S. District Court for Southern Texas makes similar allegations against Lanx and several named defendants, but the Delaware case names only Lanx.

That was the basis for the dismissal motion (Delaware's chancery court rules allow defendants to move for dismissal for failure to "join an indispensable party"). But vice chancellor Sam Glasscock III denied the motion, ruling that the sales reps and surgeon in question aren't indispensable to the case.


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