Vesuvius USA Corporation has filed a lawsuit against a former employee and his new employer, alleging breaches of confidentiality and non-compete agreements. The complaint was lodged in the United States District Court for the Northern District of Ohio on December 12, 2025, targeting Josh Gammariello and HA-International LLC. Vesuvius USA claims that Gammariello violated restrictive covenants by joining a direct competitor immediately after resigning.
The lawsuit details how Gammariello, who served as an Application Engineer at Vesuvius USA’s Cleveland Foundry since June 2022, allegedly breached his employment agreement by accepting a position with HA-International LLC (HAI), a rival company in the foundry industry. According to Vesuvius USA, Gammariello’s new role at HAI overlaps significantly with his previous responsibilities, potentially leading to the misuse of confidential information and trade secrets. The complaint emphasizes that despite partial assurances from HAI about limiting customer contacts for a limited period, these measures are deemed insufficient given Gammariello’s extensive knowledge of Vesuvius USA’s proprietary strategies and customer base.
Vesuvius USA asserts that Gammariello’s actions pose an imminent risk of irreparable harm to their business, including loss of customer goodwill and competitive advantage. The company is seeking injunctive relief under the Defend Trade Secrets Act to prevent further disclosure or use of its trade secrets. They argue that damages alone cannot compensate for the potential loss of competitive edge and erosion of market position due to HAI’s alleged unfair practices.
In addition to injunctive relief, Vesuvius USA demands compensatory damages and other equitable remedies such as disgorgement and reimbursement of litigation costs. They accuse HAI of tortious interference with contractual relations by employing Gammariello in violation of his post-employment restrictions. The plaintiff also seeks punitive damages for what they describe as willful and malicious conduct by the defendants.
Representing Vesuvius USA in this legal battle are attorneys Gregory R. Thomas, Jared M. DeBona, Robert M. Linn, and Laura A. Drake from Dentons Cohen & Grigsby P.C., based in Pittsburgh, Pennsylvania. The case is presided over by judges from the Northern District of Ohio under Case ID 1:25-cv-02706.
Source: 125cv02706_Vesuvius_USA_Corporation_v_Gammariello_Complaint_Northern_District_Ohio.pdf
