Judge Denies Wright Printing Company’s Request for New Trial and Orders Mark Wright and Mardra Sikora to Pay Ennis Subsidiary $1.85 Million in Attorney’s Fees
September 25 2023 - 1:52PM
Business Wire
(NYSE: EBF). This week a federal district court has made final
rulings after a Nebraska jury handed down its April 2023 verdict
that Wright Printing Company, its owner Mark Wright and its CEO
Mardra Sikora were liable to an Ennis, Inc. subsidiary, Crabar/GBF,
Inc., for $5 million in actual and punitive damages for breach of
contract, illegal interference with customer relationships and
theft of trade secrets. At the time of the jury verdict in April,
Mardra Sikora responded that the jury verdict was a “wrongful
decision” that was not supported by the facts. Accordingly, lawyers
for Wright Printing Company, Mark Wright and Mardra Sikora
requested reversal of the jury verdict and a new trial.
After substantial legal briefing by both sides and months of
careful deliberation, Senior United States District Judge John
Gerrard affirmed most of the jury’s findings and denied the
defendants’ request for a new trial. In so doing, Judge Gerrard
stated in his 39-page ruling that, “The evidence supports the
jury’s finding that the defendants, clearly and convincingly, acted
willfully and maliciously when they took information sold to Crabar
to compete against it.” In response to the arguments by Mark Wright
and Mardra Sikora that they did not illegally interfere with
Crabar’s customer relationships, the judge concluded that “the
defendants’ arguments lack any conceivable merit.” While the judge
reversed the jury’s award of contract damages against Mark Wright
because Ennis had not made a claim for those damages, he observed
that, “The jury determined that the manner in which Wright Printing
reentered the folder business was deceitful and unlawful, and even
malicious.” Displaying some humor, the judge summarized the overall
jury verdict by noting, “According to the jury, collecting $15
million for a sale of a company, and then restarting that company
with the information sold as part of that sale, violates a
deep-held philosophy of justice: no take-backsies.”
Ultimately, the judge placed the primary blame for the drawn-out
lawsuit on Mark Wright and Mardra Sikora. His ruling stated, “The
Court has considered that Wright and Sikora are primarily
responsible for both the inception of this lawsuit and many of the
hours spent preparing this case for trial.” Accordingly, Judge
Gerrard awarded Crabar $1,854,948.32 for its attorney’s fees and
ordered Wright and Sikora to pay $1,852,448.32 of that amount, with
the remaining $2,500.00 to be paid by the employee defendants,
Jamie Fredrickson and Alexandra Kohlhaas, for their participation
in the theft of Crabar’s trade secrets.
When asked about the Court’s ruling, Ennis CEO and President
Keith Walters provided the following comment. “Ennis is grateful
for the jury’s dedicated service during last spring’s two-week
trial and the Court’s careful review of all the evidence over the
past several months to ensure a fair and final judgment. While we
are pleased that the truth prevailed and we were awarded what the
jury found to be just compensation for the harms caused by the
defendants, we really wish that this lawsuit never had to happen in
the first place. In all the business acquisitions Ennis has made
over the years, we have never had a situation where a seller has
turned around and launched a competing business with the trade
secrets sold to Ennis. Had Mark Wright and Mardra Sikora just
honored the contract and accepted that they no longer could use the
property that we bought for $15 million, everyone concerned would
have been better off. Now that both the jury and the judge have
spoken, I hope that all involved will have the wisdom to respect
and accept their judgment, and bring this drawn-out dispute to an
end.”
About Ennis:
Since 1909, Ennis, Inc. has primarily engaged in the production
and sale of business forms and other business products. The Company
is one of the largest private-label printed business product
suppliers in the United States. Headquartered in Midlothian, Texas,
the Company has production and distribution facilities
strategically located throughout the United States to serve the
Company’s national network of distributors. The Company
manufactures and sells business forms, other printed business and
commercial products, printed and electronic media, presentation
products, flexographic printing, internal bank forms, secure and
negotiable documents, envelopes, tags and labels, advertising
specialties, adhesive notes, plastic cards and other custom
products. For more information, visit ennis.com.
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version on businesswire.com: https://www.businesswire.com/news/home/20230925879599/en/
For Further Information Contact: Mr. Keith S. Walters,
Chairman, Chief Executive Officer and President Mr. Dan Gus,
General Counsel and Secretary
Ennis, Inc. 2441 Presidential Pkwy Midlothian, TX 76065 Phone:
972.775.9801 Fax: 972.775.9820 ennis.com
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