Brendel's Septic Tank Service, LLC v. Terry Vickers and On the Portables, L.L.C.

Pontiac, Michigan, civil litigation lawyers represented the parties in a trade secret conversion theory.



In September 2022, plaintiff filed a complaint, contending that it was a limited liability corporation that provided sanitation and septic services for construction, commercial and residential, cities and parks, and other venues. Vickers allegedly served as plaintiff's office manager from 2012 through 2022. In this role, Vickers purportedly had access to plaintiff's confidential information, including customer lists and contacts, billing information, products, services, vendors, and business information. This confidential information constituted "trade secrets" under Michigan's Uniform Trade Secrets Act, MCL 445.1902. Plaintiff asserted that Vickers knew that she was not supposed to use, divulge, or reveal plaintiff's confidential information or use it for Vickers's own benefit. Despite this knowledge, in January 2021, Vickers allegedly formed OTP to directly compete with plaintiff and offer the same services. On April 29, 2022, Vickers quit her job with plaintiff, claiming she took a dispatch job with waste management in order to work from home. In reality, plaintiff claimed that Vickers, through OTP, began to solicit plaintiff's customers and purchase equipment from plaintiff's suppliers to directly compete with plaintiff.



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Legal issue Did the trial court err by granting summary disposition before the completion of discovery and subsequently denying the motion for reconsideration regarding claims of trade secret misappropriation, fiduciary breach, and tortious interference?



Key Phrases Violation of Michigan's Uniform Trade Secrets Act. Breach of fiduciary duty. Tortious interference with business relations. Motion for summary disposition. Premature discovery proceedings.

Reversed and remanded.