Carbo Ceramics, Inc. v. Keefe

REAVLEY, Circuit Judge: *

The summary judgment denying Carbo recovery on its breach of fiduciary duty and misappropriation of trade secrets (tort) claims is affirmed, not because of lack of evidence to support those claims, but because of lack of legally recoverable actual damages. The award for breach of contract found by the jury is supported by the evidence and is reinstated. Without actual damages for the tort claims, no punitive damages could be recovered. Because the liability finding of the jury on Carbo’s misappropriation claim is supported by the evidence, and there is a genuine issue…