Trial Team Including Bond, Schoeneck & King’s Jessica L. Copeland Successfully Obtains $1.5 Million Jury Verdict for Loma Linda University in Federal Court

July 17, 2024

(Buffalo, NY): Jessica L. Copeland, member (partner) at Bond Schoeneck & King PLLC, recently served as local counsel on a trial team that represented plaintiff Loma Linda University and third-party defendant Dr. Rodrigo Viecilli in securing victory against Smarter Alloys, Inc., a shape-memory metal company based in Ontario, Canada.

Loma Linda University filed suit against Smarter Alloys in U.S. District Court for the Western District of New York in May 2019.  Just over five years later, in June 2024, Loma Linda University and Adjunct Professor Dr. Viecilli, who was sued personally by Smarter Alloys, endeavored an intense 1 ½-week-long jury trial culminating in victory. Specifically, the trial team was able to secure $1.5 million in damages for Loma Linda University and vindication for and recognition of Dr. Viecilli’s contributions. This case focused on Smarter Alloys’ breach of contract with Loma Linda University after the company failed to pay royalties on a product developed under their consulting agreement to develop an orthodontic wire for braces. After only an hour of deliberation, the jury found that Loma Linda University and Dr. Viecilli had performed under the consulting agreement at issue in the dispute, and Smarter Alloys breached the agreement by refusing to pay royalties on the orthodontic product’s sales.

The trial team consisted of litigation members of Womble Bond Dickinson, including Barry Herman, Joshua P. Davis, Julie Giardina and Jeffrey Whittle. Copeland was an integral part of each element of the trial, but her most significant contribution was developing and presenting the damages case.

“It was a true team effort, working alongside Womble Bond Dickinson. We worked cohesively and pragmatically with one goal in mind ‒ for our clients to have their day in court after five long years of litigation – and it proved to be a tremendous day in court, indeed.” Copeland said.

Bond, Schoeneck & King PLLC is an AmLaw 200 law firm with more than 300 lawyers serving individuals, companies, nonprofits and public sector entities in a broad range of practice areas. Bond has 15 offices, including 11 in New York State, as well as in Florida, New Jersey, Massachusetts and Kansas. For more information, visit bsk.com.

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