Lawyers Title Company, LLC v. Kingdom Title Solutions, Inc.
592 F. App'x 345
6th Cir.2014Background
- Lawyers Title appeals partial summary judgment for Bittinger and summary judgment for Kingdom; Kingdom and Bittinger win on related claims.
- Bittinger Medina office manager; Frattaroli escrow officer; no non-compete in their employment agreements.
- Kingdom recruited Bittinger and Frattaroli during dual employment; June 7, 2012 Kingdom operating agreement signed.
- During dual employment, Bittinger allegedly moved contracts and notified customers of departure; emails/contacts allegedly deleted.
- Trial court limited damages timeframe to June 6–22, 2012; punitive damages instruction sua sponte removed; jury awarded $13,028 to Lawyers; cross-appeal on damages.
- Judgment affirmed in part: Bittinger and Kingdom grants affirmed; Bittinger’s renewed JAML denied; Kingdom’s summary judgments affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation of damages from Bittinger’s breach | Lawyers argues excluded-causation theory | Bittinger breached duties but causation is attenuated | Summary judgment proper; no proximate causation shown |
| Tortious interference with contracts - Avon Lake/State Route 48 | Lawyers was beneficiary; contracts affected | Lawyers was not a party/beneficiary | District court correctly granted summary judgment for Bittinger |
| Punitive damages instruction | Malice shown by Bittinger; punitive damages warranted | Insufficient malice evidence | No punitive-damages instruction; district court did not err |
| Damages sufficiency post-verdict | Damages could reflect multiple causes including pre/post-employment conduct | Damages supported by some evidence; not limited to pre-departure transactions | Sufficient evidence to sustain jury award; no JAML warranted |
| Civil conspiracy and related claims against Kingdom | Kingdom participated in a conspiracy with Bittinger | No direct damages attributable to conspiracy; lack of privity/intent | Kingdom granted summary judgment; no liable conspiracy or tortious-interference/nor unjust enrichment |
Key Cases Cited
- Chicago Title Insurance Corp. v. Magnuson, 487 F.3d 985 (6th Cir. 2007) (proximate causation and non-compete context distinguished)
- Security Title Agency, Inc. v. Pope, 200 P.3d 977 (Ariz. Ct. App. 2008) (attenuated damages not proven by post-employment harms)
- Norfolk & Western Co. v. United States, 641 F.2d 1201 (6th Cir. 1980) (intended beneficiaries vs incidental beneficiaries in contract rights)
- Gosden v. Louis, 687 N.E.2d 481 (Ohio 1996) (civil conspiracy requires damages proximately caused by conspiratorial acts)
- Minarik v. Nagy, 193 N.E.2d 281 (Ohio 1963) (damages must be proximately caused by acts pursuant to conspiracy)