VKGS LLC v. Planet Bingo LLC

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VKGS LLC v. Planet Bingo LLC

Additional Case Names

10:15 am

WEBEX

Case Number
S-20-0125
Call Date
December 2, 2020
Case Time
9:00 AM
Court Number
Douglas
Case Location
Lincoln
Court Type
District Court
Case Summary

S-20-0125 VKGS, LLC, d/b/a Video King, LLC v. Planet Bingo, LLC & Melange Computer Services, Inc.

Douglas County District Court, Hon. Duane C. Dougherty

Attorneys: Patrick R. Guinan (Erickson | Sederstrom, PC, LLO, for Appellees) --- Paul Gardner, B. Scott Eidson, J. Nicci Warr (pro hac vice), Julie Scheipeter (Stinson LLP, d/b/a, Stinson Leonard Street, LLP, for Appellant)

Civil: Breach of contract; Trade secrets

Proceedings below: Planet Bingo and VKGS’ claims were bifurcated. One jury determined that VKGS misused EPIC’s confidential information to create OMNI in violation of contract. A separate jury determined that Planet Bingo breached a contract and an oral agreement with respect to the Potawatomi Tribe, but that Planet Bingo did not breach its contracts otherwise or tortuously interfere with VKGS’ customers.

Issues on Appeal: Whether the district court erred when 1) it did not grant judgment to VKGS when Planet Bingo determined that it could not continue to ethically prosecute its claims due to impeachment evidence of its own intellectual property filings, and instead allowed Planet Bingo to bifurcate and continue trial on its claims before a separate jury almost a year later; 2) it permitted Planet Bingo to offer, and the jury to accept, legal theories that are contrary to public policy and state and federal laws, and when the court refused to instruct the jury on such legal principles or to permit special jury questions; 3) submitting breach of contract claims to the jury on agreements that were not in effect at the time of the alleged breach and in combining separate breach claims for legally separate contracts; 4) it refused to admit evidence relevant to VKGS’s defense of the claims against it, including evidence of Planet Bingo’s actions in the marketplace; 5) it refused to give a requested instruction on the duty of good faith and fair dealing; and 6) it refused to permit evidence relevant to VKGS’s affirmative claims.

Issues on Cross-appeal: Whether the district court erred by 1) not entering a final excess judgment amount in Planet Bingo’s favor; and 2) in awarding VKGS’s post judgment interest award on June 28, 2019, the day the final excess judgment was entered.

Schedule Code
SC