Myklatun, et al v. Halliburton Energy Services, et al, No. 12-6148 (10th Cir. 2013)
Annotate this CasePlaintiff Bjorn Myklatun and his company, Plaintiff Oil Innovation, brought claims of tortious interference, fraud, and civil conspiracy against Chemical Equipment and Specialties, Inc. (CESI); its parent company, Flotek Industries; Flotek president Todd Sanner; and former Flotek CEO Jerry Dumas. The district court granted partial summary judgment in favor of Defendants on the claim of tortious interference and one of Plaintiffs’ two theories of fraud. A jury entered a verdict in favor of all Defendants on the civil conspiracy claim. The jury also found in favor of Sanner and Dumas on the narrowed claim of fraud, but it found for Plaintiffs on the fraud claim against CESI and Flotek. Plaintiffs appealed, also raising various evidentiary and other challenges relating to their damages on the fraud claim, and they contended the jury’s verdict on the civil conspiracy and fraud claims was facially inconsistent and required a new trial. Because the Tenth Circuit agreed with the district court that Defendants were entitled to judgment as a matter of law, the Court did not address those other arguments.
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