The Ballard Group, Inc. v. BP Lubricants USA, Inc. (Majority, with Dissenting)Annotate this Case
Plaintiff filed an amended complaint against Defendants, alleging breach of contract, misappropriation of trade secrets, tortious interference with a contract and business expectancy, and civil conspiracy. The circuit court granted Defendants’ motion to dismiss all four causes of action, concluding that Plaintiff failed to plead sufficient facts upon which relief could be granted. After Plaintiff filed an amended complaint asserting the same four causes of action, the circuit court again dismissed the complaint with prejudice under Ark. R. Civ. P. 12(b)(6). The Supreme Court (1) affirmed the part of the court’s second order dismissing with prejudice the breach-of-contract claim; but (2) reversed and remanded the parts of the order dismissing with prejudice Plaintiff’s remaining claims, as the claims went beyond mere conclusions and sufficiently stated facts upon which relief could be granted.