LITTLE ROCK, ARKANSAS – Thursday the Arkansas Supreme Court denied J.B. Hunt Transport, Inc.’s Petition for Review of an Arkansas Court of Appeals Nov. 8, 2017 decision vacating and reversing a preliminary injunction entered by the Benton County Circuit Court.
In November 2016, J.B. Hunt Transport, Inc. (J. B. Hunt) sued David Box, a former Regional Director of Transportation in J.B. Hunt’s brokerage division located in Memphis alleging that Box had accepted a job with Hub Group, Inc. in Memphis and disclosed confidential information and trade secrets to Hub Group, Inc. in violation of confidentiality, non-compete and restrictive stock agreements executed by Box during his employment with J.B. Hunt.
On Feb. 14, 2017, an order was entered in the Benton County Circuit Court enjoining Box from disclosing confidential information or trade secrets and from holding any employment with Hub Group, Inc. from Oct. 27, 2016 until Oct. 27, 2017. Hub Group was thus forced to immediately terminate Box, leaving him unemployed.
In November, the Court of Appeals reversed the trial court’s decision and specifically held that J.B. Hunt’s evidence failed to demonstrate a likelihood of success on the merits of its claims of breach of contract. In concluding that the injunction was wrongly issued, the Court of Appeals specifically rejected all of J.B. Hunt’s arguments.
Further, the Court of Appeals rejected J.B. Hunt’s claims the appeal was moot, an argument JB Hunt hoped to create when it moved to dismiss its complaint in the lower court shortly before the oral argument before the Court of Appeals.
Box’s attorneys at trial and on appeal were Elizabeth Robben Murray, H. Wayne Young and Marshall S. Ney of Friday, Eldredge & Clark, LLP.
“When David accepted a position with Hub Group Trucking, Inc. in Memphis, he and Hub Group made sure his new position would not place him in violation of any agreement with J.B. Hunt. And it did not violate any agreements,” Murray said. “We are very pleased the Court of Appeals recognized J.B. Hunt’s failure to prove a breach of any agreement and rejected J.B. Hunt’s last-minute attempts to have the appeal dismissed.”
The Arkansas Supreme Court’s rejection of J.B. Hunt’s Petition for Review will allow the remand of the matter back to the circuit court.
The Court of Appeals decision is: David Box v. J.B. Hunt Transport, Inc., Case No. CV-17-207.
