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James River Mgmt. Co. v. Kehoe

United States District Court for the Eastern District of Virginia

November 17, 2009, Decided; November 18, 2009, Filed

Civil Action No. 3:09cv387

Opinion

MEMORANDUM OPINION

This matter is before the court on the Defendants' Joint Motion to Dismiss Counts VII, XII, and XVII of Plaintiff's First Amended Complaint (Docket No. 60). For the reasons set forth below, the motion is granted in part and denied in part.

BACKGROUND

On June 19, 2009, James River Management Company Inc., James River Group Inc., and James River Insurance Company (collectively "James River") filed this action against Kinsale Management, Inc., Kinsale Capital Group, Inc., Kinsale Capital Group, Inc. 1 (collectively "Kinsale"), William Kenney, Brian Haney, Ann Marie Marson, Edward Desch (collectively "James River Individual Defendants"), Michael Kehoe, and Greg Share.

In various iterations, the original sixteen-count Complaint asserted claims against the Defendants for: (l) violations of the Consumer Fraud and Abuse Act, 18 U.S.C. § 1030(a)(2)(C); (2) Statutory  [*3] Business Conspiracy under Va. Code §§ 18.2-499 et seg.; (3) Common Law Conspiracy; (4) Breach of Contract; (5) Tortious Interference With Contract; (6) Misappropriation of Trade Secrets under the Virginia Uniform Trade Secrets Act, Va. Code §§ 59.1-336 et seq.; (7) Breach of Fiduciary Duty; (8) Aiding and Abetting Breach of Fiduciary Duty; (9) Tortious Interference With Prospective Business Relations; (10) Conversion of Property; (11) violations of the Virginia Computer Crimes Act, va. code § 18.2-152.4; and (12) Breach of Confidentiality Agreement.

Fundamentally, James River alleges that "[t]hrough a deceitful scheme and conspiracy, Defendants, acting in concert, have harmed James River's business through unlawful acts … all committed by once trusted (and now former) high-level senior executives of the company in order to form a new competitive venture." Compl. at P 1. Specifically, the Complaint sets forth the following factual exposition.

James River, which was founded in September 2002, is a specialty insurance company. Compl. at P 6. Pursuant to a signed Employment and Arbitration Agreement, Kehoe became President and CEO of James River on November 2, 2002.

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2009 U.S. Dist. LEXIS 107847 *; 2009 WL 3874167

JAMES RIVER MANAGEMENT COMPANY, INC., et al., Plaintiffs, v. MICHAEL P. KEHOE, et al., Defendants.

Subsequent History: Motion granted by, in part, Motion denied by, in part James River Mgmt. Co. v. Kehoe, 2009 U.S. Dist. LEXIS 114473 (E.D. Va., Dec. 8, 2009)

CORE TERMS

amended complaint, trade secret, conversion, individual defendant, motion to dismiss, leave to amend, misappropriation, converted, confidential, employees, pleadings, alleges, Counts, original complaint, Defendants', restitution, unjust enrichment, non-solicitation, solicit, confidential information, Conspiracy, cases, terms, Oppo, join, proprietary information, discovery, amend