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Womble Bond Dickinson Trial Team Successfully Protects Loma Linda University’s Rights

BUFFALO (July 12, 2024) – A Womble Bond Dickinson Litigation team successfully represented plaintiffs Loma Linda University (Loma Linda, California) and Dr. Rodrigo Viecilli against shape-memory metal company Smarter Alloys (Cambridge, Ontario, Canada). Following a weeklong jury trial in the U.S. District Court for the Western District of New York, the team secured $1.5 million in damages for the plaintiffs.

The case revolved around the defendant’s breach of contract with the plaintiffs after the company failed to pay royalties on a product related to orthodontic braces. With just an hour-long deliberation, the jury found that Loma Linda University and Dr. Viecilli had performed as required under the consulting agreement and Smarter Alloys had breached the agreement by refusing to pay royalties on the orthodontic product’s sales.

The Womble trial team was led by Barry Herman (Baltimore) and included Joshua P. Davis (Houston), Julie Giardina (Baltimore), and Jeffrey Whittle (Houston), with additional support from William Hubbard (Baltimore). Jessica Copeland from Bond Schoeneck & King PLLC served as local counsel and played a key role in the trial as well.

“We’re glad the jury recognized the strength and validity of our claim and saw fit to award the full amount we requested—it was a total victory,” said Michael R. Samardzija, PhD, JD, Vice President of Research Affairs at Loma Linda University. “We’re so grateful to the Womble team for their relentless dedication to our case, along with their exceptional courtroom skills that were central to this outcome.”

“We’re glad the jury recognized the strength and validity of our claim and saw fit to award the full amount we requested—it was a total victory. We’re so grateful to the Womble team for their relentless dedication to our case, along with their exceptional courtroom skills that were central to this outcome.”

Michael R. Samardzija, PhD, JD, Vice President of Research Affairs, Loma Linda University

“This was truly a team effort, and I’m immensely proud of the meticulous attention to detail and strategic acumen of those who worked hard to secure this win for our clients,” said Herman. “From witness preparation to cross-examination to jury instructions, the team gave this case their all and it shows.”

“This was truly a team effort, and I’m immensely proud of the meticulous attention to detail and strategic acumen of those who worked hard to secure this win for our clients. From witness preparation to cross-examination to jury instructions, the team gave this case their all and it shows.”

Barry Herman, Partner, Womble Bond Dickinson

The Womble team was assisted by trial paralegal Angela Ney and research analyst Katie Hopkins.

Loma Linda University, v. Smarter Alloys Inc. v. Rodrigo Viecilli, Western District of New York District Court, Civil Action No. 1:19-CV-00607-LJV