Professional Negligence Law Reporter

Vincent Cleary Jr., a member of the Cantwell-Cleary Co. board of directors and the son of the company’s owner, was fired from the company. He started a competing business, Cleary Packaging LLC, and hired several Cantwell-Cleary salespeople.

Cantwell-Cleary filed suit against Cleary and Cleary Packaging LLC, alleging breach of fiduciary duty, constructive fraud, contractual interference, and tortious interference with business relations. The plaintiff asserted that the salespeople were bound by non-compete agreements and that Cleary had violated the agreements by hiring those individuals. The plaintiff claimed that the defendant’s actions led to $1.7 million in lost profits for Cantwell-Cleary.

Cleary counterclaimed, seeking sales commissions he was allegedly owed by the plaintiff.

The jury awarded more than $5 million.

Citation: Cantwell-Cleary Co. v. Cleary, No. C-02-CV-18-002135 (Md. Cir. Ct. Anne Arundel Cty. Nov. 19, 2020).

Plaintiff counsel: John Lynch and Gregory Hislop, both of Annapolis, Md.

Plaintiff expert: Jeffrey Coleman, accounting, Timonium, Md.