October 31, 2023 in Case Summaries

Levinger PC represented John Kawcak, a former executive of Antero Resources, in an effort to overturn a judgment of over $11.5 million arising from a claim that he had steered drillout service contracts to companies owned by a friend in breach of his fiduciary duty to his employer.  Although the Fifth Circuit upheld the jury’s finding of damages based on alleged overcharges by the drillout companies, it held in a published opinion that the district court erred by not allowing post-verdict discovery of the employer’s settlement with the drillout companies.  The Court remanded the case for consideration of whether Kawcak should be allowed discovery of, and a credit for, the amount of the third-party settlement.  Antero Resources Corp. v. Kawcak, 85 F.4th 741 (5th Cir. 2023).

Courts:  Federal Courts of Appeals

Subject Matter:  Business Litigation, Procedural & Evidentiary Issues