Kansas Supreme Court - 99536 – Wolfe Electric, Inc. v. Duckworth

While nothing in the record on appeal provides an explanation, the district court
apparently reduced the damages against Duckworth for his breach of contract ($275,000)
or his breach of fiduciary duty ($275,000) by entering judgment against him for $325,000
($275,000 plus $50,000 [for trade secret misappropriation]). It also entered judgment
against Global for $275,000 ($225,000 plus $50,000). Defendants then filed various
posttrial motions, including a remittitur that stated the evidence could support an award of
only $50,000, with $25,000 assessed against each defendant. The district court denied the
motions.
Wolfe Electric filed a posttrial motion under K.S.A. 60-901 and K.S.A. 60-3321(a)
seeking to permanently enjoin Global from involvement in conveyor pizza ovens. In May
2007, the court imposed a 4-year injunction against Global, retroactive to the date of the
filing of the lawsuit: October 21, 2005.
The court also awarded $140,122.06 in attorney fees under KUTSA, which was a
reduction to 65% of the total fees incurred to make it proportionate to the claims for
misappropriation of trade secrets. Fees were assessed against defendants jointly and
severally based on their willful and malicious violation of KUTSA.
Duckworth and Global appealed the jury verdict, damage award, and injunction but
not the rejection of Duckworth's breach of contract claim against Wolfe Electric. We
transferred this case from the Court of Appeals pursuant to K.S.A. 20-3018(c).
More facts will be added as necessary to the analysis.
11