Jet Courier Service, Inc. v. Mulei

MULLARKEY, Justice,

specially concurring:

I concur in the majority opinion remanding this case for a new trial on Jet Courier Service, Inc.’s (Jet’s) claim against Anthony Mulei for breach of his duty of loyalty. I agree that the test to be applied on retrial is as stated on page 29 of the majority opinion:

[T]he focus is on whether Mulei acted solely for Jet’s benefit in all matters *503connected with his employment, and whether Mulei competed with Jet during his employment, see Rest. (2d) Agency §§ 387, 393, giving due regard to Mulei’s right to make preparations to compete.

(Emphasis in original.)…