Liddle & Robinson Attorneys at Law New York City

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Robert M. Engler v. C.R. Bard and Davol, Inc. - 11/1/1998

Award Amount- $468,789.00

Case Summary: Our client, Robert Engler, was employed as the chief financial officer of Solco, a small Swiss-owned medical device manufacturing company based in Hingham, Massachusetts. In 1992, the national medical products company, C.R. Bard, and its subsidiary, Davol, sought to acquire Solco to complement an existing line of business. During the course of Bard's due diligence of Solco's business and the acquisition process, Davol and Bard executives made promises to Mr. Engler and other senior Solco executives concerning their job prospects following the acquisition. In reliance on these promises, Mr. Engler (then age 62) turned down another job opportunity. Bard terminated Mr. Engler's employment just two hours after the documents memorializing the sale were signed. Following a two week trial, a Boston-based jury, sitting in the United States District Court for the District of Massachusetts, rendered a verdict in Mr. Engler's favor, finding that Bard and Davol were liable to him for having made negligent misrepresentations concerning whether he would be employed following the acquisition. Mr. Engler obtained a judgment totaling $468,789.20, as well as court costs. The case settled after Bard and Davol filed an appeal.

Jeffrey L. Liddle

Judge: Reginald C. Lindsay

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