Bailey, Laserscopic Spinal Center of America et. al. v. St. Louis, EFO Holdings, LP, et. al.
Jul 03, 2019OUTCOME: $369,000,000
CV: 06-08498 - 13th Judicial District, Hillsborough County Florida) Duncan Firm has been involved in a number of hard fought and precedent setting cases during Phillip Duncan’s 45 year career. One su ... ch recent case tried to a judge in the complex business litigation division of a Florida trial court finally processed to judgment. Duncan Firm lawyers Phillip Duncan and his son-in-law James Bartolomei represented of group of plaintiff owner/operators from Arkansas (a doctor and three businessmen) and their Florida-based, minimally invasive spine surgery business. This was a business torts case spanning more than 14-years which resulted in a trial court judgment of $369M. First filed in Arkansas in 2005, then refiled in Florida for jurisdictional purposes using local Tampa counsel, Andrews Law Group, Duncan Firm sought significant relief related to the theft (disgorgement of profits) and/or destruction of plaintiffs’ unique surgery business. Boies Schiller and ultimately Pillsbury Shaw Pittman were associated law firms. Defendants formed a conspiracy, lead by a Texas-based private equity firm, which was conducting due diligence into plaintiffs’ business for an investment or a loan to grow the business. Defendants decided that if they could not control the business, they would either steal it or interfere with it, and eventually destroy it. Aided by two doctor owners and directors of plaintiffs’ business, Defendants’ wrongful takeover attempt can be summed up by simply referring to Defendants’ own words: “We’re going to take your doctors and take your business.” And that’s exactly what they did, with Defendants’ business, Lase Spine Institute (LSI), going on to generate billions of dollars in revenue of ill-gotten gains. The trial finally resulted in a trial court verdict in favor of the Arkansas plaintiffs and their business. After two successful appeals in Florida on the amount of damages awarded, on July 3, 2019 the trial court entered a final judgment of $369M plus interest for disgorgement of defendants’ profits caused by tortious interference, conspiracy, fraud, defamation, breach of fiduciary duty, violation of Florida’s unfair and deceptive trade practice act, and punitive damages. For more details on this precedent setting case for business litigation, click here.
