Mi-Roof Inc. v. Shutler
A court can grant a prejudgment remedy application if, taking into account defenses, countervailing claims, set offs, exemptions and insurance, probable cause exists that judgment will be issued to the applicant. After Michael Shutler approached the plaintiff, in 2009 the plaintiff entered into a contract with Silktown Roofing that provided Silktown exclusive rights to distribute the plaintiff's web-based, computer software in New York, Massachusetts, Connecticut and Rhode Island. In 2010, Shutler went to work at a commercial roofing contractor, Tecta America New England LLC. Tecta then obtained the plaintiff's permission to use the plaintiff's computer software in Maine only. The plaintiff's complaint alleged that Shutler obtained access codes for the plaintiff's software and used the plaintiff's software in Connecticut to lure clients away from Silktown Roofing. The plaintiff sued, alleging breach of contract, tortious interference with business relations, negligent misrepresentation and violation of CUTPA, the Connecticut Unfair Trade Practices Act. The plaintiff established probable cause it will prevail on the merits in the amount of $132,763, which is the amount charged by the plaintiff's legal counsel, George Royster, of Halloran & Sage. The court granted the plaintiff's request for a prejudgment remedy.