Bernier v. Merrill Air Engineers

770 A.2d 97 (2001)

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Bernier v. Merrill Air Engineers

Maine Supreme Judicial Court

770 A.2d 97 (2001)

Facts

James Bernier (defendant) accepted a job at Merrill Air Engineers (Merrill) (plaintiff). Bernier signed an employment contract that contained a nondisclosure clause. The clause prohibited Bernier from disclosing confidential or secret parts of Merrill’s business, including any confidential original works. As part of his job with Merrill, Bernier worked with Henry Molded Products, Inc. (Henry) to design a new dryer for Henry. The trial court found that Merrill submitted a confidential proposal to Henry, and Henry committed to buy Merrill’s dryer design. Thereafter, Bernier resigned from Merrill and took a job with Henry, and Henry canceled its dryer order with Merrill. Bernier then designed a new dryer for Henry that was similar to the dryer that Merrill had designed. Merrill sued Bernier for breach of contract and misappropriation of trade secrets. The superior court found that Bernier breached the nondisclosure clause but did not misappropriate trade secrets. Both parties appealed.

Rule of Law

Issue

Holding and Reasoning (Dana, J.)

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