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The Verdicts Are In – Barton Proves Victorious For Clients X2

In an era where approximately only 5% of commercial cases go to trial, it is a rare occurrence to have two verdicts in one week and both of them stunning 100% victories for our clients.


Cork Industries v. Law Voc Industries & Thomas DePrince, Delaware County, Pennsylvania Court: After a full two week trial on behalf of our client, Cork Industries, a leader in the formulation of sustainable high performance coatings, Partner James E. Heavey, supported by the team of Mike Ward, Laura-Michelle Horgan, Sarah Sears and Sara Friedman, concluded an 8-year litigation with a favorable jury verdict on nearly all causes of action in a theft of trade secrets case against a former Cork employee. In addition to an award of full damages, plus punitive damages in an equal amount, Cork was awarded a permanent injunction against the defendant enjoining him (and anyone associated with him) from using, directly or indirectly, Cork Industries’ trade secrets, and any chemical formulas developed therefrom. The injunction has already prevented one of the leading producers of paper products in the US from using the Cork formula. Don Gaydos, Cork Industries’ Chief Financial Officer commented, “We had a critical lawsuit that would have impacted our ability to continue our business had we not prevailed. James Heavey guided us through a difficult litigation. He was truly invested in this case and his tenacity and passion exemplified this. We were amazed at his ability to recall the many facts garnered through his rigorous investigation to corner the defendants. He is a fighter and clearly outmaneuvered the defendant’s counsel.”


Meltzer, Lippe, Goldstein & Breitstone, LLP v. James Malfett dba Management Recruiters of Union County, NJ, US District Court Eastern District of New York:   As recently reported in a New York Law Journal article, Partner Randy L. Rasey secured a verdict for 100% of the damages claimed by our client MRI Union (a legal recruiter) in the Eastern District of New York. In this case Randy proved that our client procured an entire group of healthcare attorneys for the Long Island firm Meltzer Lippe. Meltzer Lippe however, claimed it did not owe our client a recruiter’s fee. Their excuse was that the fee agreement was never duly signed (statute of frauds) and that even if there was an agreement, the Meltzer firm did not hire the attorneys but rather had an “alliance” with them as a result of the transaction being structured as a stock purchase by one of their partners for his own account. Meltzer brought a declaratory judgment action in state court to determine that MRI had no agreement and that at best it should be compensated as a business broker for about 10% of what the legal recruiter fee would have been.


Barton removed the case to Federal Court and Randy tried the case as a bench trial before Judge Wexler. In the long storied career of Judge Wexler, this case is significant as it was the Judge’s last trial because at the age of 93 he died two weeks after the trial concluded. The case was then transferred to Judge Hurley who decided in our clients’ favor on the trial record and rendered a verdict for nearly $500,000 — the full measure of damages sought. Judge Hurley’s written decision.