Pro-Pac Incorporated v. WOW LogisticsCompany

Pro-Pac, Inc. (Pro-Pac) was a packaging business that filed for Chapter 11 bankruptcy in 2006. Pro-Pac then filed an adversary proceeding against WOW Logistics Co. (WOW), a logistics service provider, for aiding and abetting a Pro-Pac employee’s breach of fiduciary duty. The bankruptcy court found that WOW had indeed aided and abetted the Pro-Pac employee, for which tort the court attempted to calculate the damages. But the bankruptcy court instead thought that its award to Pro-Pac had to rest on an independent unjust enrichment claim. On appeal, the district court ordered the bankruptcy…