Legal Opinion · Concurring in part, dissenting in part

Business Communications, Inc. v. Banks

Court of Appeals of Mississippi

Decided February 22, 2011No. 2009-CA-00407-COAPublished

1Concurring in part, dissenting in partMyers, P.J.

¶ 65. While I concur with the result reached by the majority on issue two, I must dissent from the majority’s decision to reverse the circuit court’s judgment on issue one.

¶ 66. The jury awarded BCI $1,000 in compensatory damages for breach of the BPA without any proof that BCI suffered any cognizable harm from Banks’s employment with Venture or from Banks’s retention of certain property items, all of which were returned to BCI,2 or from Banks’s disclosure of so-called confidential information — i.e., the BPA, itself, and the industry-standard, boilerplate language contained therein.3

¶ 67. In…

2Cases cited20 opinions

  1. Marine Contractors Co. Inc. v. HurleyMassachusetts Supreme Judicial Court · 1974
  2. Arthur Murray Dance Studios of Cleveland, Inc. v. WitterCuyahoga County Common Pleas Court · 1952
  3. Healthcare Services of the Ozarks, Inc. v. CopelandSupreme Court of Missouri · 2006
  4. Frierson v. Sheppard Building Supply Co.Mississippi Supreme Court · 1963
  5. Redd Pest Control Co. v. HeatherlyMississippi Supreme Court · 1963

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