NuVasive, Inc. v. Day, No. 22-1339 (1st Cir. 2023)
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The First Circuit affirmed the rulings of the district court requiring Timothy Day to pay NuVasive, Inc., his former employer, more than $1.7 million in damages and attorney's fees for breach of contract and spoliation of evidence, holding that the district court did not err or abuse its discretion.
NuVasive brought suit against Day making claims arising from Day's business interactions with NuVasive's customers on behalf of Alphatec Spine, Inc., Day's new employer, in violation of non-competition and non-solicitation obligations in Day's contract with NuVasive. After the district court entered its final judgment Day appealed, arguing that the court erred in finding the requisite causal nexus between Day's improper solicitations and the decisions of certain NuVasive customers to switch to Alphatec as their primary supplier of spine-related surgical products. The First Circuit affirmed, holding that there was no error in the damages award or the sanctions-based award of attorney's fees and costs.
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