TRIM FIT, LLC v. Dickey

BENTON, Circuit Judge.

Trim Fit, LLC, sued Donald 0. Dickey for, as relevant here, breach of a non-compete agreement and unfair competition. Dickey counterclaimed for unpaid commissions and attorney’s fees. Joseph E. Voss, the principal of Trim Fit, separately sued Dickey on a promissory note. The cases were consolidated. At the close of Trim Fit’s evidence, the district court granted judgment as a matter of law to Dickey on Trim Fit’s claims. The jury returned a verdict of $140,743.92 for Voss on the promissory note, and $45,514.14 for Dickey on the counterclaim for unpaid commissions.

Dickey…