Evidence Proves that Jacam Acted with Oppression, Fraud or Actual Malice
HUTCHINSON, Kan.–(BUSINESS WIRE)–GeoChemicals, an oil and gas chemical manufacturing, sales and service business, today announced its decisive victory in litigation against Midland-based Jacam Catalyst, a subsidiary of Calgary-based CES Energy Solutions (“Jacam”). The case, which was decided by a jury of six unanimous jurors, centered on claims of tortious interference and abuse of process brought by GeoChemicals and co-plaintiff Bill Kainz, based in Dickinson, ND.
Abuse of process cases are somewhat rare. According to leading legal treatises, abuse of process is the “misuse or misapplication of the legal process” to achieve an improper result. The jury found that, among other things, Jacam did in fact abuse the legal process and acted with oppression, fraud or actual malice.
“After a long and challenging five-year legal battle, we are truly thankful for the jury’s decision in this case,” said Jason West, Chairman for GeoChemicals. “This victory reaffirms North Dakota’s commitment to its citizens that it will uphold their right to work and it will not tolerate companies acting inappropriately. We look forward to spending more time and energy on serving our customers and building a better future for our employees and our business. GeoChemicals extends our heartfelt thanks and gratitude to our dedicated legal team, supportive partners, and loyal customers who stood by us throughout this case.”
The jury verdict calls for Jacam to pay a total of $1,789,000 in combined compensatory and punitive damages to GeoChemicals and Mr. Kainz. GeoChemicals was awarded compensatory damages of $839,000 and $550,000 in punitive damages, while Mr. Kainz was awarded $150,000 in compensatory damages and $250,000 in punitive damages. GeoChemicals was represented by the Hinkle Law Firm in Wichita, KS, and Kainz was represented by Kubik, Bogner, Ridl and Selinger in Dickinson, ND.
In separate, related litigation between GeoChemicals and Jacam, a federal judge found that Jacam’s “exhaustive efforts…to enforce their illegal noncompete and forum selection clauses …is vindictive, unreasonable, and beyond bullish.” The federal court further noted that the conduct and statements of Jacam’s upper management “is without question retaliatory, spiteful, vindictive, and unrelentingly bullish in nature…”. The 8th Circuit Court of Appeals in St. Paul, Minnesota affirmed the federal judge’s order on May 17, 2024.
About GeoChemicals
GeoChemicals is a full-service chemical company dedicated to the treatment and enhancement of oil and gas production. With deep expertise in production and stimulation chemistries, the company provides innovative solutions tailored to the unique needs of each well or midstream application.
GeoChemicals is proud to employ a dedicated team committed to delivering superior products and exceptional service. Its industry-leading manufacturing operations and full-service laboratory eagerly meets the specific requirements of oil and gas producers, setting the standard for excellence in the industry and ensuring that its clients can fully optimize production and achieve operational goals.
GeoChemicals has customers and operations in Kansas, Texas, New Mexico, Oklahoma, Colorado, Wyoming, and North Dakota.
Contacts
Karen Behrman
858-761-2260
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