B-S Industrial Contractors, Inc. v. Burns Bros. Contractors, Inc.
Plaintiff, a heavy construction business, alleged that defendant Burns Brothers Contractors, Inc., a material supplier, and defendant Robert E. Anderson, a former key project estimator for plaintiff, conspired to interfere with plaintiff's contracts and misappropriated confidential information. Plaintiff contended that Anderson, upon joining Burns, used its confidential bidding information to secure contracts with Champion Paper Company, Inc., which were originally intended for plaintiff. The Supreme Court initially granted a temporary restraining order and an order of seizure for files taken by Anderson, but later vacated the restraining order. Plaintiff moved to amend its complaint to add a cause of action for tortious interference with prospective business relations, which the Supreme Court granted, while denying Burns' cross-motion to dismiss. The appellate court affirmed the Supreme Court's order, concluding that plaintiff's allegations of misrepresentations and misappropriation of confidential information to gain a competitive advantage were sufficient to survive a motion to dismiss.