Hellmuth & Johnson secured a favorable jury verdict on behalf of client Landmark Drainage, LLC, d/b/a/ Landmark Companies, in its litigation with a competing drainage company, prevailing on all of plaintiff’s claims at trial and obtaining a verdict of more than $500,000 on Landmark’s breach-of-contract counterclaim.
Landmark served as a subcontractor for the opposing party under a drain tile installation agreement dating back to 2012. After Landmark terminated the relationship in 2021, the opposing party sued the company, alleging violations of the federal Defend Trade Secrets Act, breach of confidentiality, breach of implied warranty of workmanlike construction, conversion, and tortious interference.
Earlier in the litigation, the court denied the opposing party’s request for a preliminary injunction that sought to restrict Landmark’s ability to compete. The court later granted summary judgment in Landmark’s favor on the opposing party’s trade secret, conversion, and tortious interference claims.
The remaining breach-of-contract claims of both parties proceeded to a jury trial. The jury found that the opposing party failed to honor its contractual obligation to offer Landmark subcontracted projects within Landmark’s exclusive territory and therefore could not enforce the agreement’s confidentiality provision. The evidence also showed the alleged confidential information, bid estimates to potential clients and proposed tiling plans, was in the public realm for up to seven years so it was not within the scope of the confidentiality clause in the drain tile agreement. The jury also rejected the opposing party’s claims regarding allegedly improper tile installation.
On Landmark’s counterclaim, the jury found that the opposing party misrepresented material costs and underpaid Landmark for projects performed between 2017 and 2021 – awarding Landmark more than $500,000.
“This verdict validates what Landmark maintained throughout this case – that it competed fairly and that the opposing party failed to meet its own contractual obligations,” said Joseph Barnett, lead trial attorney and partner at Hellmuth & Johnson. “We are pleased the jury carefully considered the evidence and returned a verdict in Landmark’s favor on every issue presented at trial.”
“This case was important to Landmark not only because of the financial impact, but because our reputation and ability to compete were at stake,” said Blake Sunde, Chief Operating Officer at Landmark Drainage. “We are grateful to Joe and the Hellmuth & Johnson team for understanding our business, standing behind us throughout the litigation, and presenting our case effectively to the jury.”
Hellmuth & Johnson represented Landmark Drainage throughout the litigation, with Barnett serving as lead litigator.
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