In Vicarious Surgical Inc. v. Beth Tragakis, Judge Salinger, sitting in the Massachusetts Business Litigation Session, dismissed a robotics company’s Chapter 93A claim for lack of any allegations that the robotics company was harmed by a former employee’s alleged copying and retention of its technical information.
The robotics company, Vicarious Surgical, alleged that its former employee, Beth Tragakis, copied and retained the company’s trade secrets and other proprietary information. Tragakis was employed at Vicarious for over three years, first as Director of Quality Systems and later as Vice President of Quality. Vicarious nowhere alleged in its complaint that Tragakis disclosed or used those materials after she left Vicarious and started her new job.
In a case concerning allegedly unfair student loan collection practices, Judge Salinger concluded that a Pennsylvania public corporation, the Pennsylvania Higher Education Assistance Agency (PHEAA), is a “person” potentially subject to Chapter 93A liability.
A business plaintiff’s assertion of a Chapter 93A claim could boomerang where the plaintiff moves to dismiss a Chapter 93A counterclaim. That’s a key takeaway from Judge Kaplan’s decision in Microsemi Corp. v. Langlois.