December, 2022

Joshua Davis and Rachel Dearmond successfully defended a dermatology practice in Louisville, Kentucky against claims for tortious interference with contract and aiding and abetting breach of duties.  Plaintiff alleged that Defendant tortiously interfered with Plaintiff’s employment contract with a nurse practitioner which included a non-compete and non-solicitation clause.  Plaintiff further alleged that Defendant aided and abetted an aesthetician in breaching her duty of loyalty by using a patient list to notify individuals of her position at the dermatology practice.  Davis and Dearmond argued that Plaintiff anticipatorily repudiated the employment contract with the nurse practitioner before she began working at Defendant’s practice, thereby making the contract unenforceable and unassignable.  The defense further argued that the aesthetician understood that she had permission to utilize the patient list and that understanding was conveyed to Defendant so as to preclude knowledge to the Defendant of an alleged breach of duty.  Plaintiff sought damages in excess of $2,000,000.00.  The jury agreed with Davis and Dearmond and rendered a unanimous verdict in favor of Defendant.

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