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Ex-NuVasive Sales Rep Loses Appeal Over Non-Solicitation Order

April 8, 2020, 8:13 PM

Delaware health-care company NuVasive Inc. can block a Massachusetts-based former sales representative from doing certain work for a rival company, the First Circuit held Wednesday after concluding that Delaware law governed the contract dispute.

The court upheld a preliminary injunction enforcing a non-solicitation clause in Timothy Day’s employment contract with NuVasive. NuVasive said the injunction was necessary to protect its proprietary information in the “incredibly competitive” spinal hardware industry after Day began working at Alphatec Spine Inc.

The opinion by Judge David J. Barron centered on which state’s law—Delaware or Massachusetts—applied to the dispute.

In ruling for NuVasive, the U.S....

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