BKR Global, LLC v. FourWinds Capital Mgmt, et al.

BKR appealed the entry of summary judgment against it in its action for breach of contract against Four Winds, tortious interference with a contractual relationship against Phaunos, deceptive and unfair trade practices and civil conspiracy against FourWinds and Phaunos, and unjust enrichment against Phaunos. The district court held that BKR could not prevail on its contract claim and that all the other claims failed as a result. The court held that the district court erred in granting summary judgment to FourWinds on BKR's contract claim because whether FourWinds pursued an investment opportunity that BKR introduced was a question of fact for a jury. The court also held that the district court's grant of summary judgment to FourWinds on BKR's non-contract theories of relief depended on the district court's erroneous view that BKR's contract claim was precluded as a matter of law. Accordingly, the grant of summary judgment to FourWinds was reversed and the case remanded for further proceedings.