Allstate Insurance Company v. Warns, 1:11-cv-01846

Allstate sues former employee Jennifer Warns for breach of fiduciary duty and breach of contract.
Warns left Allstate to work for Bennett & Albright, a plaintiff-side lead paint firm with many pending Allstate cases.
Allege Warns had access to confidential/privileged information and removed or disclosed it after resignation.
Allege a strategic lead paint memo and documents were missing from Warns’s files post-employment.
Allstate seeks damages and broad injunctive relief to prevent further disclosure and to recover documents.
Court proceedings included motions to dismiss/summary judgment, preliminary injunction, and sealing; rulings pending on these motions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether fiduciary-duty claim survives dismissal	Warns breached confidential info duty after employment	No independent fiduciary duty post-employment	Fiduciary-duty claim survives 12(b)(6) (plausible breach)
Whether contract claim is viable without a signed agreement	Code of Ethics creates contractual obligation	No clear contract formation or incorporation	Contract claim survives 12(b)(6) but scope/obligation uncertain
Whether punitive damages are available	Breach of fiduciary duty could support punitive damages	Punitive damages not available for breach of fiduciary duty; only for tort	Punitive damages dismissed; not available on these claims
Whether summary judgment is appropriate on the record	Discovery will show detailed confidential information misuse	Record insufficient; premature for summary judgment	Summary judgment denied without prejudice for further discovery
Whether a preliminary injunction should issue	Likely to succeed; irreparable harm from disclosure	Novel theories with circumstantial evidence; insufficient likelihood of success	Preliminary injunction denied; likelihood of success not shown
Whether to seal the filings	Documents contain privileged/confidential material	Public access should be preserved; redaction possible	Motions to seal denied; ordered redacted submissions and further justification

Kann v. Kann, 690 A.2d 509 (Md. 1997) (no universal fiduciary tort; remedies depend on relation and relief sought)
Winter v. NRDC, 555 U.S. 7 (S. Ct. 2008) (establishes four-factor test for preliminary injunctions)
Real Truth About Obama, Inc. v. F.E.C., 575 F.3d 342 (4th Cir. 2009) (clarifies likelihood of success standard for injunctions post-Winter)
Twombly v. Bell Atl. Corp., 550 U.S. 544 (S. Ct. 2007) (pleading must show plausible claims, not mere speculation)
Md. Metals, Inc. v. Metzner, 382 A.2d 564 (Md. 1978) (limits contractual claims based on policy/handbook language)