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

9.
As a general rule, issues not raised before the lower court cannot be raised for the
first time on appeal.
10.
When ruling on a motion for judgment as a matter of law under K.S.A. 60-250, the
trial court is required to resolve all facts and inferences reasonably to be drawn from the
evidence in favor of the party against whom the ruling is sought. Where reasonable minds
could reach different conclusions based on the evidence, the motion must be denied. A
similar analysis must be applied by an appellate court when reviewing the grant or denial of
such a motion.
11.
Trade-secret status is a question of fact.
12.
When a verdict is challenged for insufficiency of evidence or as being contrary to
the evidence, it is not the function of the appellate court to weigh the evidence or pass on
the credibility of the witnesses. If the evidence, with all reasonable inferences to be drawn
therefrom, when considered in the light most favorable to the prevailing party, supports the
verdict, it will not be disturbed on appeal.
13.
Among the factors a moving party must establish before obtaining a permanent
injunction is success on the merits.
3