PHILADELPHIA — A medical equipment distributor is suing Gerry W. Whitman, Joshua L. Oderlin, Jason Cavanaugh, Med One Equipment Services and others, citing alleged violation of the Defend Trade Secrets Act (DTSA), breach of contract, breach of duty and tortious interference.
Freedom Medical Inc. filed a complaint on Sept. 26 in the U.S. District Court for the Eastern District of Pennsylvania against the defendants, alleging they breached their duty of good faith and fair dealings.
According to the complaint, the plaintiff alleges that Freedom Medical Inc. has suffered injury to its business, profit and reputation as a result of the unlawful conduct of defendant Med One in enticing officers of plaintiff's medical equipment rental and sales company to work for them and unlawfully divulge confidential information to improperly solicit current and prospective customers of plaintiff.
The defendants allegedly engaged in the actual or threatened misappropriation of plaintiff's confidential information, violated agreement by seeking employment from a direct competitor while still employed by plaintiff, and induced plaintiff's employees to breach their respective employment agreement.
The plaintiff requests a trial by jury and seeks judgment against defendant for punitive or exemplary damages, and further relief as the Court deems just. They are represented by Edward Kang, Gregory Mathews and Kandis Kovalsky of Kang Haggerty & Fetbroyt LLC in Philadelphia.
The U.S. District Court for the Eastern District of Pennsylvania Case No. is 18-cv-04155.