Civil Practice: Fiduciary Duty-Tortious Interference

Where appellant employer challenged the trial court’s grant of a motion to dismiss claims including breach of contract, breach of fiduciary duty, breach of duty of loyalty and interference with business expectancy in a dispute arising from the resignation of a financial institution employee who had a restrictive covenant with appellant before he left to form a new business venture, the appellant sufficiently alleged facts that if true met the elements of the claims, so the judgment is reversed and remanded.

Judgment is reversed and remanded.

CIBC Bank USA v. Williams (MLW No. 79873/Case No. ED110284 – 23 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.) Appealed from circuit court, St. Louis County, Lay, J. (Adam D. Hirtz and Nina C. Sykora for appellant) (Michael P. Stephens, Jason M. Rugo, Katherine I. McLaughlin and Thomas K. Neill for respondent).