The Lubrizol Corp. v. Exxon Corp., Charles R. Evans, Richard D. Lower, and Gates Data Center

The Lubrizol Corporation (“Lubrizol”) commenced this action for fraud against the Exxon Corporation (“Exxon”), two Exxon employees (“Evans” and “Lower”), and an entity called GATES Data Center on the grounds that defendants had mishandled confidential Lubrizol information. Exxon counterclaimed for litigation expenses incurred because of Lubrizol’s breach of a covenant not to sue entered into as part of a settlement agreement. The district court granted judgment in favor of defendants as to Lubrizol’s claims. Those claims were separately appealed, and we affirmed the district court’s summary…