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it is unusual for punitive damages to be awarded in restrictive covenant cases thats because a restrictive covenant is typically contract between the employer and the employee in many cases in most jurisdictions punitive damages are not awarded in bdocHub of contract cases therefore when a restrictive covenant case does not include separate tort claims its often that punitive damages are not recoverable punitive damages were awarded in this case for what I think were several reasons in this case the Court did sustain tort claims against the defendants and as Ive noted punitive damages are recoverable in tort actions but typically not in contract cases secondly the conduct in this case was particularly egregious these defendants took with them some sensitive confidential information from their former employer and used it willfully in fact all of their business in their first year with the new employer was derived from their old employer next there was a an email that had been discove
