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

Summary

The court affirmed dismissal with prejudice of Ballard's breach-of-contract claim because the complaint alleged no enforceable contract requiring BP to use Ballard for 2010. It reversed and remanded 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 Rule 12(b)(6) dismissals of the same claims trigger Rule 41(b)'s two-dismissal rule when the plaintiff was given an opportunity to plead further. Chief Justice Hannah, dissenting and joined by Justice Hart, would have held that Rule 41(b) does not apply to successive Rule 12(b)(6) dismissals.