Former consultant sues Med-Dev Corp. shareholders

By Gene Johnson | Oct 7, 2015

A former Med-Dev Corp. consultant is suing some shareholders over claims that include defamation, intentional and negligent infliction of emotional distress, unjust enrichment as well as abuse of process/malicious prosecution in their alleged efforts to remove him as a consultant.

Michael G. Martin filed a lawsuit Aug. 19 in the U.S. District Court for the Middle District of Pennsylvania against Thomas J. Finley, Dr. Michael Moore, George Albanese and Amil Minora, citing tortious interference with existing contractual relations, and unjust enrichment for allegedly not being paid from January to April 2014 for his role as a consultant for the Med-Dev Corporation.

Med-Dev Corp. is a business involved in the marketing of a nasal clip intended to control methicillin-resistant Staphylococcus aureus (MRSA) infections. Martin resigned from the company in April 2014.

According to the complaint, Martin was to act as chairman from Jan. 1, 2013, through Dec. 31, 2015, and was to be paid $15,000 per month for his consulting services. On Jan. 22, 2014, Martin was notified that Med-Dev's corporate account with Wells Fargo & Co. had been closed. Finley allegedly told Martin that he had "moved the account because he thought Martin was misappropriating funds," according to the suit.

The claim states that Finley, Moore and Albanese, using Minora as their attorney, allegedly sought to oust Martin from Med-Dev by first manufacturing the controversy concerning Martin’s business expenses to seeking criminal charges against him for misappropriating corporate funds. The investigation was terminated due to lack of evidence by the Lackawanna County District Attorney's Office in September 2014.

Martin is seeking relief that includes compensatory damages in an amount of more than $100,000, together with interest and costs of suit, punitive damages, attorney fees, and such other relief deems just and proper.

Martin is being represented by Philadelphia-based attorney Kevin F. Berry of White and Williams LLP.

U.S. District Court for the Middle District of Pennsylvania case number 3:15-cv-01620-MEM

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