United States Sixth Circuit

In an appeal involving a covenant not to compete, summary judgment for plaintiff-former employer, and a jury verdict awarding it compensatory and punitive damages for former employee's breach of contract and defendant-competitor's tortious interference, are affirmed in part and reversed in part where: 1) summary judgment for plaintiff was properly entered as to the contract and tortious interference claims; 2) a new trial was required as to damages as the district court erred in granting judgment as a matter of law ruling that plaintiff was a lost volume seller; 3) jury may have considered actions taken by defendant beyond the time when the covenant was enforceable; and 4) defendant-competitor's conduct was not reprehensible enough to support a punitive damages award.

Appellate Information

• Decided 05/21/2007
• Published 05/21/2007

Judges

• Before:  DAUGHTREY, GIBBONS, Circuit Judges;  EDMUNDS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Matthew A. Kairis, Jones Day, Columbus, Ohio, for Appellants.  Andrew S. Pollis, Hahn Loeser & Parks LLP, Cleveland, Ohio, for Appellee.   ON BRIEF:  Matthew A. Kairis, Chad A. Readler, G. Roger King, Jones Day, Columbus, Ohio, Robert P. Ducatman, Jones Day, Cleveland, Ohio, for Appellants.  Andrew S. Pollis, Steven A. Goldfarb, Hahn Loeser & Parks LLP, Cleveland, Ohio, for Appellee.