M-Squared, Inc. “M-Squared”, sued Craig Looney, Robert Bandemir, and Thomas Schening, all former M-Squared employees, as well as Comrep, Inc., Looney’s corporation, for fraud, tortious interference with prospective contractual relations, breach of fiduciary duty, misappropriation of corporate opportunity, and unfair trade practices.1 At the close of evidence at trial, all parties moved for a directed verdict. The trial court denied M-Squared’s motion, but directed a verdict for the defendants on various claims, including all allegations relating to Schening. The trial court ultimately submitted the following claims to the jury: 1 tortious interference with prospective contractual relations as to Looney, Bandemir, and Comrep; 2 breach of fiduciary duty as to Looney; and 3 misappropriation of corporate opportunity as to Looney. The jury found for Bandemir on M-Squared’s tortious interference with prospective contractual relations claim. With respect to the other claims, however, it found in favor of M-Squared. Looney and Comrep subsequently moved for a judgment notwithstanding the verdict “j.n.o.v.”. M-Squared also sought a j.n.o.v. as to the jury’s verdict for Bandemir. Although the trial court denied M-Squared’s motion, it granted Looney and Comrep’s motion regarding tortious interference with prospective contractual relations. As a result, only the jury’s verdict against Looney for misappropriation of corporate opportunity and breach of fiduciary duty remained.
In Case No. A03A0614, Looney appeals the trial court’s failure to enter judgment for him on these two claims. In Case No. A03A0615, M-Squared appeals the trial court’s rulings granting the various defendants’ motions for directed verdict and j.n.o.v.2 For reasons that follow, we reverse the judgment in Case No. A03A0614, but affirm the judgment in Case No. A03A0615.
