DLA Piper successfully represents NuVasive in shareholder derivative suit victory

DLA Piper successfully defended NuVasive, a San Diego-based medical device company that creates and distributes products for surgical treatment of spine disorders, its board of directors and three officers of the company in a shareholder derivative suit.

A San Diego Superior Court judge ruled on September 29, 2017, that James Borta could not advance the suit as a derivative action and permanently dismissed the case. The ruling came after NuVasive objected to Borta's attempt, arguing that Borta had failed to show that members of NuVasive's board of directors could not competently decide whether the company should enter into litigation with certain former officers and board members.

The San Diego-based DLA Piper team representing NuVasive was led by partners Robert Brownlie and Noah Katsell and associate Kellin Chatfield.