National Floors Direct Seeks Damages from Empire

Boston, MA, Feb. 23, 2011 -- National Floors Direct said it is pursuing damages on an unfair business practices claim against Chicago-based Empire Today in the wake of a jury's verdict in U.S. District Court that found Empire abused the legal process when it sued National Floors Direct.

National Floors Direct, a family-owned business based in Avon, Mass., began business in New England in 2006 and it features a next-day service model and "15% price guarantee." 

In December 2008, Empire filed a lawsuit against NFD and approximately 20 individuals, including National Floors Direct's sales representatives, employees and the company leadership, alleging a variety of unfair business practices, according to a NFD press release. 

National Floors Direct denied the allegations in the complaint and filed a counterclaim against Empire alleging, among other things, that Empire had abused the legal process by filing suit in an attempt to put National Floors Direct out of business.

In October, a federal district court jury ruled unanimously against Empire on all of its claims against National Floors Direct and ruled unanimously that Empire Today had "abused the legal process by filing suit against NFD."

According to a press release, the jury awarded the company $500,000 in damages. Empire has filed a notice that it intends to appeal the ruling.

"We were confident from the day Empire filed suit that the company's claims were totally untrue and that Empire had sued just to try and put us out of business," said Aaron Rosenberg, president of National Floors Direct, in a company issued press release.

National Floors Direct said it has asked the U.S. District Court to find that Empire's conduct also violated Massachusetts General Laws. 

The statute prohibits, among other things, unfair and deceptive business practices and provides for the recovery of up to triple damages, as well as attorneys fees and costs.