Kasten Berry Inc. v. Wallace “Wayne” Stewart

Summary

The United States District Court for the District of Kansas ruled on Kasten Berry Inc.’s motion for partial summary judgment concerning Wallace “Wayne” Stewart’s alleged breach of an employment agreement. The court granted summary judgment on liability and entitlement to contractual costs and attorney’s fees, but denied summary judgment on the amount of lost-profit damages because factual issues remained regarding the calculation. The court deferred determining the amount of attorney’s fees until the remaining claims were resolved.

Holdings

1. Kasten was entitled to partial summary judgment on liability because the undisputed evidence established that Kasten performed the agreement and Stewart breached multiple provisions of its non-solicitation clause.
2. Kasten was not entitled to summary judgment on the amount of lost-profit damages because genuine issues of material fact remained concerning the proper calculation of those damages.
3. Kasten was entitled to reasonable attorney's fees and costs under the employment agreement, but the court deferred determining the amount until the remaining claims were resolved.

Questions Presented

1. Whether Kasten was entitled to summary judgment on liability for Stewart's breach of the employment agreement.
2. Whether Kasten established the amount of its claimed lost-profit damages with sufficient certainty to obtain summary judgment.
3. Whether the employment agreement entitled Kasten to recover reasonable costs and attorney's fees.

Disposition

other