Judge rips plaintiffs' attorneys and verdict

A Sarasota judge took an unusual stand in a civil case that involved alleged stolen trade secrets, and in a doing so sent a message to attorneys: No frivolous lawsuits in my courtroom.
Sarasota County Circuit Court Judge Peter Dubensky, in a March 17 ruling, overturned a jury's decision that had awarded $3.3 million to the plaintiffs. Dubensky, among other points, cited “bait and switch tactics” designed to confuse jurors and “impermissible closing arguments” used by plaintiffs' attorneys that led the jury to make an incorrect decision. Dubensky, in turn, granted a motion from the defendants for a directed verdict — which invalidates the jury's decision.

The case began in 2005, when the plaintiffs, A/R Assist, a firm that helps health care providers collect accounts receivables, sued several parties and individuals in Sarasota County. Defendants included Steven Gray, a former A/R Assist board member, and ACS Healthcare Solutions, a management consulting firm and Xerox subsidiary where Gray worked. Xerox wasn't named in the lawsuit.

The allegations in the lawsuit, which initially claimed damages of $80 million, were that Gray helped ACS and others misappropriate trade secrets, including the process of how A/R Assist collects money. A/R Assist claimed in court documents that the defendants reformulated the software program to grab clients.