Supreme Court of Delaware

Bako Pathology LP v. Bakotic

November 28, 2022

Summary

The Supreme Court affirmed the rulings that the Doctors breached employment and partnership restrictive covenants and that their conduct proximately caused damage. It also affirmed the trial court's selection of a damages growth rate and denial of damages for lost business value, but remanded for clarification and possible revision of the lost-profits calculations. The Court further held that the defendants were entitled to attorneys' fees under the employment agreements, although not under the partnership agreement. No separate opinions were filed.