162650P.pdf   08/30/2017  West Plains, LLC  v.  Retzlaff Grain Company Inc.
   U.S. Court of Appeals Case No:  16-2650
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Riley, Author, with Beam and Shepherd, Circuit Judges] 
   Civil case - Torts. A jury could find defendant Wells unjustly interfered 
   with plaintiff's business relationships by knowingly paying, recruiting 
   and seizing plaintiff's workforce, infrastructure and customer 
   relationships; there was also sufficient evidence to support the jury's 
   findings of unjust acts of interference by other defendants, former 
   employees who secretly took with them customer lists and other 
   confidential information for the immediate benefit of their new employer; 
   the evidence was sufficient to show defendants' actions caused a loss of 
   profits to plaintiff and that the loss continued after the expiration of 
   the district court's two-month long temporary injunction; there was 
   sufficient evidence for a reasonable jury to find defendants breached 
   their duty of loyalty under Nebraska law; forfeiture awards upheld; there 
   was abundant evidence to show defendants entered into an agreement 
   tortiously to interfere with plaintiff's business or breach their duty of 
   loyalty; lost profits award affirmed; no error in admitting evidence from 
   plaintiff's expert concerning the value of the business at the time the 
   employees left; the jury instructions on damages were not plainly 
   erroneous; compensatory damage award affirmed; the evidence was sufficient 
   to show plaintiff attempted to mitigate its damages after the defections.