Dentsply sues law firm over $15M breach-of-contract loss | Legal News

February 6, 2012 by MassDevice staff

Dentsply International sues the law firm that lost a breach of contract case filed against it, costing the dental device maker more than $15 million; also, Hansen settles shareholder suits; and DePuy Pinnacle lawsuits top 900.

Lewis & Roca

Dentsply International (NSDQ:XRAY) sued the law firm that represented it in a breach-of-contract lawsuit filed against it by Guidance Endodontics that wound up costing Dentsply more than $15 million.

Guidance sued Dentsply for breach of contract in 2008 over a supply deal for dental obturators, endodontic files and ovens. The case went to trial in the fall of 2009, with Thomas Gulley of the firm Lewis & Roca representing Dentsply. The jury returned a verdict against the York, Pa.-based dental devices maker, awarding more than $4 million for the breach of contract, punitive damages of $40 million and legal fees of more than $3.5 million, according to court documents. The judge in the case later reduced the punitive damages to $4 million, according to the documents.

Now Dentsply wants the law firm to pony up $15 million in compensatory damages for its alleged malpractice, arguing that Lewis & Roca and Gulley "failed to develop a theory of the case prior to trial," "failed to conduct adequate and appropriate discovery," "failed to retain appropriate experts or elicit necessary expert
testimony," "failed to object to erroneous jury instructions and invited error," "failed to make appropriate motions" and "failed to preserve key issues for appeal," according to the lawsuit.

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