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Business Law
Unfair Competition
Intentional Interference with Business

Myers v. Trans Union Corporation

Published: Oct. 19, 1996 | Result Date: May 10, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 733778 –  $1,346,000

Judge

C. Robert Jameson

Court

Orange Superior


Attorneys

Plaintiff

Allan Browne

Jon M. Leader

Sylvia P. Lardiere


Defendant

Steven E. Garfinkle

Diane Smith-Daruty

Donald E. Bradley


Experts

Plaintiff

Raymond G. Schultz
(technical)

Defendant

Robert Knudsen
(technical)

Facts

For more than 12 years, plaintiff GETM, Inc. and its owner, plaintiff Bette Myers, were in the credit reporting business in Palm Springs. They purchased credit reports from defendant Trans Union Corporation. The plaintiffs claimed that in 1992, a new management team took over Trans Union's Southern California region and commissioned a secret study of plaintiff GETM's business. This study allegedly revealed that Trans Union could reap large profits by selling directly to GETM's customers. The plaintiff claimed the new management team was concerned because GETM was successfully competing with Trans Union for credit reporting business. The plaintiff claimed that in August 1992, after reviewing the secret profitability study, defendant Trans Union abruptly cancelled its relationship with GETM. Trans Union also refused to sell to GETM unless it agreed not to compete. Trans Union offered to compensate GETM if it transferred its lucrative credit reporting business and long-standing customers to Trans Union. Acting on this agreement, GETM transferred its business and customer base to Trans Union over the next several months. Once it had obtained GETM's business and ensured that GETM could no longer effectively compete, defendant Trans Union denied the agreement and refused to pay. Trans Union claimed the contract with GETM terminated in 1990 and was properly cancelled in 1993. Trans Union also claimed GETM failed to make payments to TransUnion. The plaintiffs brought this action against the defendant based on breach of contract, intentional interference with business relations and unfair competition theories of recovery. The defendant cross-complained against the plaintiffs on common counts theories.

Settlement Discussions

Per the plaintiffs, no C.C.P. º998 settlement demands or offers were made. Per the defendant, the plaintiff made a settlement demand of $5 million.

Damages

Per the defendant, the plaintiffs claimed $12 million in damages, plus punitive damages.

Other Information

The verdict was reached approximately one year and eight months after the case was filed.


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