Eaton attorney Luther Munford argued Monday that there was no “clear and convincing evidence” that Eaton was guilty of fraud and the lower court used the wrong standard in dismissing the case and issuing a $1.5 million fine.
“The evidence before the court was not sufficient to support the sanction,” Munford said.
Eaton alleged in its lawsuit that five former Eaton engineers took aerospace information and gave it to their new employer, Frisby. Eaton and Frisby, which is now part of Triumph Group, compete for military and commercial contracts.
Munford also argued that the engineers hurt Eaton’s business by taking 16,000 documents. He said that betrayal would go uncompensated and unpunished if the lawsuit is not reinstated.
Frisby attorney Alan Perry countered that the lawsuit was rightly dismissed for somebody “possibly trying to fix a case.”