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Lyman v. Cellchem Int'l LLC

Although it was clear that the defendants were not blameless in their machinations involving the plaintiff, as evidenced in part by the unappealed breach of fiduciary duty verdict against them, the plaintiff failed to set forth evidence supporting all the required elements of its tortious interference with business relations claims.

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In 2010, Cellchem International, LLC, sued husband-and-wife Dale and Helen Lyman, both of whom had worked for Cellchem in various capacities, and also sued Tritec International, Inc., and Shekoy Chemicals US, Inc. collectively Appellants alleging, inter alia, claims for computer trespass and computer theft, breach of fiduciary duty, and tortious interference with business relations. In 2014, a jury awarded nearly $7.4 million to Cellchem, divided variously among the individual Appellants, which included punitive damages and attorney fees.

In the instant appeal, the Appellants argue that the trial court erred in: 1 denying their motion for a directed verdict and new trial on Cellchem’s claim for tortious interference with business relations; 2 denying Mr. Lyman and Shekoy’s motion for a new trial on Cellchem’s claims of computer theft and computer trespass; 3 denying Appellants’ motion for a new trial on Cellchem’s claim for punitive damages; 4 in admitting certain Cellchem exhibits into evidence; and 5 in precluding Appellants from using Cellchem’s federal tax returns at trial. For the reasons that follow, we reverse as to the tortious interference claim; affirm as to the claims of computer theft and computer trespass; remand for a new trial as to punitive damages; reverse as to Exhibits 72 and 73 and affirm as to Exhibits 76 and 77; and reverse as to the issue of the federal tax returns.

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