Birn v. Runion

2 Citing cases

  1. Caudill Seed & Warehouse Co. v. Jarrow Formulas, Inc.

    53 F.4th 368 (6th Cir. 2022)   Cited 25 times   2 Legal Analyses
    Explaining that definitions of "[w]illful and [m]alicious injury" from Black's Law Dictionary and elsewhere were "an awkward fit for trade-secret law" since "to find liability in a KUTSA [Kentucky Uniform Trade Secrets Act] case, a plaintiff must already establish intentional misappropriation. A plaintiff could thus argue that the court may award exemplary damages in every KUTSA case: every businessperson presumably 'knows [it] to be his duty' that he should not steal a competitor's trade secrets."

    Kentucky law has long recognized an employee's "right to take with him all the skill he has acquired" when moving between employers. Birn v. Runion , 310 Ky. 805, 222 S.W.2d 657, 659 (1949) (quoting Garst v. Scott , 114 Kan. 676, 220 P. 277, 278 (1923) ). Kentucky's highest court has held that "[a]ll [of an employee's] knowledge, skill and information, except trade secrets, become a part of his equipment for the transaction of any business in which he may engage, just the same as any part of the skill, knowledge, information or education that was received by him before entering upon the employment."

  2. Stewart v. Kentucky Paving Co., Inc.

    557 S.W.2d 435 (Ky. Ct. App. 1977)   Cited 19 times   1 Legal Analyses
    Holding that an employee held a fiduciary duty to his employer because the employer had placed special confidence and trust in him

    Upon a review of the record in the present case, this Court is convinced that the ties Stewart had to the management of Kentucky Paving Company placed him in a position of trust and permitted him access to confidential corporate information. It is also worthy of note that the salesman in Aero Drapery was involved only in the organization of a competing business whereas Stewart organized and actively solicited contracts through his father-in-law, James Keene. Appellant cites Progress Laundry Company v. Hamilton, 208 Ky. 348, 270 S.W. 834 (1925) and Birn v. Runion, 310 Ky. 805, 222 S.W.2d 657 (1949) for the contention that Stewart did not breach any obligation to Kentucky Paving Company by utilizing the leads to promote his own business. Both cases are distinguishable in that the employee had resigned prior to the solicitation of clients for a competing business.