Thola v. Henschell
Aug 07, 2007OUTCOME: Successfully prosecuted Trade Secrets Act claim
Plaintiffs were former employers of an associate chiropractor, who resigned to join a competing practice located nearby and, in the waning hours of her employment with plaintiff, misappropriated plaint ... iffs' patient list and solicited the transfer of 185 patients from plaintiffs to the competing practice. There was no written non-compete or non-disclosure agreement between plaintiffs and the associate chiropractor. Prevailed on common law theories of tortious interference and breach of loyalty, unjust enrichment, and Uniform Trade Secrets Act claim. Recovered exemplary damages and attorneys fees against associate as well as new employer under vicarious liability theory for the value of the transferred patients. Liability was affirmed on appeal.
