The Ballard Group, Inc., Appellant v. Bp Lubricants USA, Inc., and Tracy Curtis King, Appellees

Summary

The court affirmed dismissal of Ballard’s breach-of-contract claim because the complaint did not allege a valid contract requiring BP to employ Ballard for 2010. It reversed dismissal of the trade-secret, tortious-interference, and civil-conspiracy claims because the amended complaint alleged specific facts that, construed liberally, stated those claims. The court also held that two successive involuntary dismissals under Rule 12(b)(6), after an opportunity to amend, trigger Rule 41(b)’s two-dismissal rule and make the second dismissal an adjudication on the merits. Chief Justice Hannah, dissenting, would have held that Rule 41(b) does not apply to successive Rule 12(b)(6) dismissals.