Nathan v. Takeda Pharmaceuticals America, Inc.

83 Va. Cir. 216, 2011 WL 8947650, 2011 Va. Cir. LEXIS 99
CourtFairfax County Circuit Court
DecidedAugust 2, 2011
DocketCase No. CL-2010-2064
StatusPublished
Cited by3 cases

This text of 83 Va. Cir. 216 (Nathan v. Takeda Pharmaceuticals America, Inc.) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nathan v. Takeda Pharmaceuticals America, Inc., 83 Va. Cir. 216, 2011 WL 8947650, 2011 Va. Cir. LEXIS 99 (Va. Super. Ct. 2011).

Opinion

By Judge Jonathan C. Thacher

Noah Nathan has brought this civil action against his employer, Takeda Pharmaceuticals (“Takeda”) and several of its current and former employees. Specifically, Plaintiff alleges defamation, breach of contract, common law conspiracy, and negligent supervision and retention of employees against Takeda and defamation, tortious interference and common law conspiracy against the current and former employees. Four of these employees, Michael Venanzi, Louis Savant, John Flood, and Cassandra Smith are nonresidents and appeared specially to dismiss this action against them for lack of personal jurisdiction. Subsequent to this motion’s being filed, Mr. Venanzi was personally served in the Commonwealth. Mr. Venanzi thereafter withdrew his petition for lack of jurisdiction and entered a [217]*217general appearance. Thus, the remainder of this opinion will not address Mr. Venanzi because he has submitted to the jurisdiction of this Court. See Nixon v. Rowland, 192 Va. 47, 50, 63 S.E.2d 757, 759 (1951) (a general appearance in a case confers jurisdiction of the person on the court). The issue presented is whether this Court has the authority to exercise personal jurisdiction over these employees.

Background

A motion to dismiss for failure to properly allege personal jurisdiction “tests the legal sufficiency of facts alleged in the pleading, not the strength of proof.” Cabaniss v. Cabaniss, 46 Va. App. 595, 595-600, 620 S.E.2d 559 (2005). Therefore, for the purposes of this motion, the court must accept all facts alleged by Plaintiff and any reasonable inferences flowing from those facts as true. See id. at 600; Massey Energy Co. v. United Mine Workers, 69 Va. Cir. 118, 121 (Fairfax County 2005) (Bellows, J.). Accordingly, the facts alleged by Plaintiff in the Amended Complaint are as follows.

Takeda hired Plaintiff in 2002 as a sales representative. In 2004, Plaintiff was promoted to Specialty Sales Representative. This position required Plaintiff to travel to multiple locations in his designated sales territory and meet with healthcare professionals to inform them about pharmaceutical products Takeda manufactured. Plaintiff’s entire territory was located in Virginia. Prior to the events alleged in the Amended Complaint, Plaintiff was a highly successful sales representative and received multiple performance awards from Takeda.

In 2007, Defendant Michael Fouchie, a Virginia resident, became District Manager of Plaintiff’s territory and Plaintiff’s immediate supervisor. Starting in November 2008 and continuing through April 2009, Plaintiff and Fouchie developed a strained working relationship based on a dispute regarding Plaintiff’s habit of periodically dropping his child off at school. Takeda’s standard practice allows its sales representatives flexibility in determining their daily schedule. Fouchie, however, was adamant that Plaintiff should be “in the field” earlier and questioned why his wife could not assume responsibility for transporting the child. Plaintiff complained to Defendant Cassandra Smith, a Regional Human Resources Manager located in Illinois and a resident of that state, regarding Fouchie’s harassment.

In February 2009, Plaintiff attended a national meeting where he was certified to promote Takeda’s new drugs Uloric and Kapidex. After returning from that meeting, Fouchie’s immediate superior, Defendant Louis Savant, the Regional Sales Manager based out of Pennsylvania and a citizen of that state, directed Fouchie to recertify Plaintiff on Uloric. Plaintiff passed this recertification on February 12, 2009. Savant contacted Plaintiff by telephone several times regarding the recertification and his [218]*218previous complaints against Fouchie. Savant also informed Plaintiff that he would personally accompany Plaintiff on a ride along to observe him while making his sales rounds. Plaintiff’s job entailed visiting hospitals and physicians’ offices throughout his territory to promote drugs that Takeda manufactured. A ride along is an administrative practice where a manager accompanies a subordinate during his scheduled visits to observe and evaluate his performance.

On March 4, 2009, Savant accompanied Plaintiff for the ride along. During this time and on a telephone conference two days later, Savant made false accusations criticizing Plaintiff’s performance. Savant memorialized these false criticisms in a coaching letter Savant later sent to Plaintiff. He also informed Plaintiff he would need recertification on both Uloric and Kapidex.

On March 9,2009, Plaintiff met with Fouchie for his recertification on Uloric and Kapidex. Fouchie spent most of the meeting on the phone with Savant and concluded the meeting by refusing to recertify Plaintiff on both drugs. Plaintiff was thereafter told he would need to travel to Chicago the next day for additional training.

On March 10, 2009, Plaintiff traveled to Chicago and met with Defendant John Flood, a training manager and resident of Illinois. Flood had previously worked directly for Savant. During the recertification training, Flood issued confusing and contradictory instructions and used a different certification form than had been previously used. Flood ultimately recertified Plaintiff on Uloric but not Kapidex. Plaintiff claims that Savant contacted Flood and instructed him to prevent Plaintiff from being recertified. Flood produced an evaluation report from this meeting, which contained false and defamatory information. This evaluation was sent via e-mail to Plaintiff, Savant, Fouchie, and Smith, among others.

Following the training session in Chicago, Fouchie accompanied Plaintiff on his sales rounds. On March 19, 2009, Fouchie sent a report to Plaintiff falsely claiming Plaintiff acted unprofessionally towards the doctors and medical staff and failed to accurately convey information about the drugs he was promoting. Later that day, Plaintiff received a call from Savant, who informed him that he must travel to New Jersey on March 23, 2009, to recertify on Uloric, and, if he failed to successfully recertify, his employment would be terminated. Savant also informed Plaintiff that Fouchie would present him with a “Warning Letter” the following day outlining these false facts.

Following the conversation with Savant, Plaintiff contacted Smith regarding Fouchie’s report and the upcoming March 23,2009, recertification. Smith failed to assist him and instead repeated and supported the other Defendants’ defamatory statements.

Given Smith would not help Plaintiff and after Smith failed to answer numerous calls, Plaintiff submitted a written request by e-mail that the [219]*219recertification be conducted by a third party who had no knowledge of the . prior events. Plaintiff “CC’ed” two Takeda attorneys on this request. Smith thereafter contacted Plaintiff and assured him his request would be granted. She also scolded him for contacting the company attorneys.

On March 23,2009, Plaintiff traveled to New Jersey for recertification. Plaintiff contends that the events of that day are further proof of a conspiracy to discredit him in his profession. Although Smith had assured Plaintiff that a third party would be present and an unbiased manager would administer the test, a third party was not present during the recertification test.

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Bluebook (online)
83 Va. Cir. 216, 2011 WL 8947650, 2011 Va. Cir. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nathan-v-takeda-pharmaceuticals-america-inc-vaccfairfax-2011.