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Robert Redfearn, Jr. and Susan Clade Successful in Defense of Whistleblower Claim and Prosecution of Breach of Contract Claim

October 28, 2019 News

Robert Redfearn, Jr & Susan Clade recently prevailed in a jury trial on behalf of Mistras Group, Inc. during the week of July 15, 2013.

In 2008, Mistras had purchased Gonzales X-Ray, Inc., an industrial inspection company located in Gonzales, La. In connection with the purchase, Mistras entered into a 3 years Consulting Agreement and a separate Non-Competition/Non-Solicitation Agreement with one of the former owners, Ed Smith. After approximately 2 years, Mistras terminated the Consulting Agreement for Smith’s failure to perform. Smith demanded that Mistras pay the final year of his agreement and, when Mistras refused, he filed suit against Mistras and three of its office managers, alleging breach of contract, assault, defamation and violation of the New Jersey whistleblower statute pursuant to which he requested an award of punitive damages. Mistras denied these claims and sued Smith for breaching his Non-Competition/Non-Solicitation Agreement.

The parties reached a partial settlement on the morning of trial which resulted in Smith trying his whistleblower claim against Mistras and Mistras trying its claim of breach of the Non-Competition/Non-Solicitation Agreement against Smith.

After two days of trial, the jury returned a verdict against Smith on his whistleblower claim and in favor of Mistras on its breach of contract claim.