Theken Spine wins summary judgment in federal court in successor liability case
Clients Theken Spine, LLC
In June 2006, Jones Day client Theken Spine, LLC, a leading manufacturer of spine surgical devices and implants based in Akron, Ohio, obtained summary judgment in federal court in Los Angeles. The plaintiff Orthotec had sued Theken on a theory of successor liability, alleging that Theken acquired the business and assets of co-defendant REO Spineline after REO went out of business. Orthotec claimed that Theken was liable for REO's alleged misconduct and sought over $10 million in damages. The trial court dismissed Theken in a published opinion.
Orthotec v. REO Spineline, Case No. CV-03-8346-DSF (C.D. Ca.); 438 F. Supp. 2d 1122 (C.D. Cal. 2006)