LAMORTE BURNS & CO., INC., A DELAWARE CORPORATION, PLAINTIFF-APPELLANT, v. MICHAEL A. WALTERS, NANCY NIXON AND THE WALTERS NIXON GROUP, INC., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS., 167 N.J. 285

Summary

Plaintiff's suit alleged that defendants, two former employees, breached restrictive covenant clauses in their employment contracts by establishing a competing business. The trial court's judgment included $ 232,684 in compensatory damages and $ 62,816 in punitive damages. In reversing summary judgment on the tort claims, the appellate division reasoned that there were disputed facts concerning the confidential and proprietary nature of the information defendants had taken from plaintiff, as well as issues concerning whether defendants' conduct was acceptable competitive behavior or whether they had intentionally solicited plaintiff's clients after resigning from plaintiff's employment. The supreme court reversed the appellate division and reinstated the trial court judgment on the claims that defendants misappropriated plaintiff's confidential and proprietary information and committed unfair competition. The misappropriation was clear based on defendants' actions, and all proofs ...