Guam Supreme Court Dismisses Appeal, Upholds Lower Court Decision in JWS v. Cain

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Guam -The Guam Supreme Court has dismissed the appeal in JWS v Cain upholding the lower court’s decision in favor of JWS.

JWS sued  Cain in Superior Court over a heating, ventilation, and air conditioning contract bid for the Guam Schools Project. JWS claimed that Cain, a former JWS general manager, breached his duty of confidentiality and intentionally interference with the bid.

READ the Guam Supreme Court’s decision in JWS v Cain HERE   

The Superior Court found in favor of JWS on these claims and awarded JWS damages. Cain appealed.

The Supreme Court rejected his appeal because he did not include a transcript. The Supreme Court concluded that Cain’s failure to include the relevant transcripts prevented it from conducting meaningful review.

The court found that the issues on appeal involved inquiries that were factual in nature, and without the transcripts detailing what those facts might be, the court could not determine whether the Superior Court committed error. This left the Supreme Court with no alternative but to dismiss the appeal under Rule 7(b)(2).

The Supreme Court opinion was authored by Chief Justice F. Philip Carbullido and concurred by Justice Robert J. Torres and Justice Katherine A. Maraman.

READ the release from the Guam Judiciary below:

Supreme Court Opinion Issued: JWS Refrigeration & Air Conditioning, LTD v. Malcom Cain

FOR IMMEDIATE RELEASE — October 1, 2013 — The Supreme Court of Guam issued an opinion in the case of JWS v. Cain, 2013 Guam 19. Plaintiff-Appellee JWS Refrigeration & Air Conditioning (“JWS”) sued Defendant-Appellant Malcolm Cain in Superior Court over a heating, ventilation, and air conditioning contract bid for the Guam Schools Project. JWS claimed that Cain, a former JWS general manager, breached his duty of confidentiality, committed the tort of intentional interference with prospective economic advantage, breached fiduciary duties, engaged in unfair competition, and misappropriated trade secrets, among other things. The Superior Court found in favor of JWS on these claims and awarded JWS damages. Cain appealed the Superior Court’s decision.

In an opinion authored by Chief Justice F. Philip Carbullido and concurred by Justice Robert J. Torres and Justice Katherine A. Maraman, the Supreme Court dismissed Cain’s appeal for his failure to comply with Guam Rules of Appellate Procedure Rule 7(b)(2), a rule requiring appellants to include a transcript of the Superior Court proceedings relevant to the issues on appeal. The Supreme Court concluded that Cain’s failure to include the relevant transcripts prevented it from conducting meaningful review. The court found that the issues on appeal involved inquiries that were factual in nature, and without the transcripts detailing what those facts might be, the court could not determine whether the Superior Court committed error. This left the Supreme Court with no alternative but to dismiss the appeal under Rule 7(b)(2).