Adamo v. Scheller (In Re Scheller)

<bold>1. Employer and Employee — breach of fiduciary duty — forming rival company</bold> <block_quote> The trial court properly granted summary judgment in favor of defendant Camp on a claim for breach of fiduciary duty arising from defendant leaving plaintiff's employment and starting a rival company, because plaintiff employer failed to establish facts supporting a breach of fiduciary duty when no evidence suggests that defendant's position in the workplace resulted in domination and influence over plaintiff.</block_quote> <bold>2. Employer and Employee — breach of loyalty — forming rival company</bold> <block_quote> The trial court properly granted summary judgment in favor of defendant Camp on a claim for breach of duty of loyalty arising from defendant leaving plaintiff's employment and starting a rival company, because plaintiff failed to establish that any independent tort for breach of duty of loyalty exists under our state law.</block_quote> <bold>3. Wrongful Interference — interference with prospective advantage —</bold> <bold>employees founding rival business</bold> <block_quote> The trial court properly granted summary judgment in favor of defendants Camp and MCC on a claim for tortious interference with prospective advantage arising from defendant Camp leaving<page_number>Page 648</page_number> plaintiff's employment and starting a rival business publishing employment newsletters, because: (1) there is no evidence that defendant Camp induced KFI into entering a contract; and (2) plaintiff employer offers no evidence showing that but for defendant Camp's alleged interference, a contract with KFI would have ensued.</block_quote> <bold>4. Unfair Trade Practices — employee founding rival business — no fiduciary</bold> <bold>relationship — no egregious or aggravating conduct</bold> <block_quote> The trial court properly granted summary judgment in favor of defendants Camp and MCC on a claim for unfair and deceptive trade practices und