UNFAIR COMPETITION AND COMMERCIAL LITIGATION
- Filed suit on behalf of a leading national electrical supply company seeking a preliminary injunction and damages against a former sales executive and his new employer in connection with the sales executive’s non-compete and non-solicit agreement. Obtained a favorable settlement for the client shortly before the preliminary injunction hearing in Tampa, Florida.
- Filed suit seeking damages and an injunction on behalf of national home health care agency against several former employees and their new employer. Claims included, among others, breach of restrictive covenants, breach of fiduciary duty of loyalty, misappropriation of trade secrets and conspiracy. Obtained a very favorable settlement on the eve of the preliminary injunction hearing.
- Filed suit on behalf of a hospital in Dunedin, Florida against one of its former physicians who started a competing practice less than five miles away. The lawsuit was based on the physician’s violation of her employment agreement that contained non-compete and non-solicit provisions. Prior to filing suit, the physician would not comply with the restrictive covenants. Obtained a very favorable settlement in favor of the client shortly after filing suit.
- Obtained preliminary injunction in federal court in Jacksonville, Florida, on behalf of a regional distributor against one of its former executives. The injunction prohibited access to or continued use of confidential information that was taken unlawfully from the company’s computer system pursuant to the Computer Fraud and Abuse Act.
- Convinced adverse party, a Florida-based insurance company, that its non-compete and non-solicit agreement with a former employee was unenforceable. Cantrell Zwetsch (formerly Cantrell PLLC) got the insurance company to confirm in writing that it would abandon any efforts to enforce the agreement against the former employee.
- Represented a medical supply company and certain sales employees of that company in a multi-state federal lawsuit, involving claims of breach of non-compete agreement and tortious interference. The opposing party, a national company, originally sought over $250,000 in damages and to enforce 24 months of a non-compete agreement against the sales employees. After aggressive litigation, Cantrell PLLC’s clients paid no damages and substantially reduced and narrowed the terms of the disputed non-competes.
- Regularly represent individuals in Florida, Georgia, and nationally, in successfully resolving and/or avoiding disputes with their former employers in connection with starting new business ventures or transitioning to new companies.
- Obtained a complete defense verdict for a national medical company in a three-day arbitration in Miami, Florida. The case involved a former sales executive who asserted race discrimination, defamation, and fraud claims seeking more than $500,000. In response, the national medical company asserted a counter-claim against the executive for breach of fiduciary duty for attempting to create a competing medical company while still an employee. The arbitrator denied all claims alleged by the former executive, entered a verdict in favor of the medical company and ordered the former executive to pay the medical company’s attorneys’ fees and costs.
- Obtained settlement worth more than $100,000 on behalf of an individual asserting unpaid overtime claims, under the Fair Labor Standards Act (FLSA) and claims for unpaid commissions. The lawsuit was against a company in Fort Lauderdale, Florida.
- Obtained a complete defense verdict in favor of a Florida gaming company, in a collective action where the plaintiff alleged that the inclusion of certain employees in a tip pool violated the Fair Labor Standards Act (FLSA). The plaintiff sought to certify the collective action and sought damages on behalf of a group of employees for the alleged violations. A federal court in Tampa, Florida ruled that the company’s pay practices did not violate the FLSA and dismissed the plaintiff’s case, with prejudice.
- Obtained a complete defense verdict on behalf of a hospital following a two-day jury trial in Fort Lauderdale in a case where a former employee sought nearly $1 million for her alleged unlawful termination under the Family and Medical Leave Act (FMLA). Based on the evidence presented, the jury concluded the hospital’s reasons for termination were legitimate and not unlawful.
- Reached extremely favorable pre-suit settlement on behalf of Plaintiff in a case involving his employer’s Family Medical Leave Act (FMLA) violations. Plaintiff was terminated shortly after what should have been considered a qualifying medical event under the FMLA. As part of the pre-suit settlement, obtained actual damages for past lost wages, liquidated damages and reinstatement of employment for the client.
- Obtained a complete defense verdict for a hospital in a lawsuit alleging Family and Medical Leave Act (FMLA) violations by a former employee. After extensive discovery, briefing, and oral argument, a federal court in West Palm Beach, Florida dismissed the entire case before trial.