Sec. 35-53. Damages. Punitive damages for wilful and malicious misappropriation.
Sec. 35-53. Damages. Punitive damages for wilful and malicious misappropriation. (a) In addition to or in lieu of injunctive relief, a complainant may recover damages
for the actual loss caused by misappropriation. A complainant also may recover for the
unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
(b) In any action brought pursuant to subsection (a) of this section, if the court finds
wilful and malicious misappropriation, the court may award punitive damages in an
amount not exceeding twice any award made under subsection (a) and may award reasonable attorney's fees to the prevailing party.
(P.A. 83-344, S. 4.)
Subsec. (b):
Trial court's finding of willful and malicious misappropriation was supported by the record and trial court did not abuse
its discretion in awarding punitive damages and attorneys' fees. 251 C. 59. Trial court did not abuse its discretion in
awarding $40,000 in punitive damages, inasmuch as award did not exceed twice the amount of the award of compensatory
damages. 267 C. 456. Since defendant's attempted takeover of plaintiff employer was not intended to injure the shareholder
owners of a trade secret and did not constitute a malicious violation of CUTSA, plaintiff was not entitled to punitive
damages and attorneys fees. 282 C. 209.