Jim Butch Named 2014 Advocate for Justice
Eagle Research Owner’s Fight Highlights Corporate Abuses of West Virginia-Owned Businesses
July 24, 2014
Charleston, W.Va. -- The West Virginia Association for Justice’s 2014 Advocate for Justice Award was presented to Jim Butch, owner of Eagle Research Corporation in Hurricane, West Virginia. Established in 2011, the Advocate for Justice award recognizes a West Virginia plaintiff whose individual case showcases the importance of West Virginia’s civil justice system and results in a decision that could help other state consumers, workers or small businesses. The award was presented to Mr. Butch on June 5, 2014 by one of his attorneys, John Sutter with Charleston’s Sutter Law Firm.
Eagle Research, a West Virginia small business, developed technology that allowed the company to produce the best flow computers in the world. Daniels Measurement had a contract with Eagle Research for the computers, which included a strict non-disclosure agreement to protect the technology. That company was acquired by the multinational, billion-dollar Emerson corporation. Despite the contract, Emerson took the system apart, reversed engineered it to copy the technology and then sold the product.
Butch filed a lawsuit against Emerson over breach of contract and confidentiality. From the moment the lawsuit was filed, Butch faced multiple threats from the company and its lawyers. Attorney Bill Forbes, who also represented Butch, said, “From the moment the suit was filed, Jim was told to drop the suit or he would be crushed. They threatened to countersue, bankrupt him and bankrupt his attorneys. It was ugly. Jim was under incredible pressure the entire time. It took incredible courage to see it all the way through. He’s one of the bravest people I’ve ever met.”
Butch won his case in the Putnam County Circuit Court, but it was appealed to the West Virginia Supreme Court. After the West Virginia Supreme Court upheld the verdict, Emerson appealed to the United States Supreme Court. After that appeal was filed, the U. S. Chamber of Commerce filed an amicus brief in support of Emerson—even though Butch and Eagle Research Corporation were also members. Two courts had sided with the West Virginia small business and said that the larger corporation had taken Eagle’s technology. Butch resigned from the U. S. Chamber of Commerce. The case ended with a victory for Eagle Research when the U. S. Supreme Court refused to hear the case.
The Eagle Research case has been used to educate other West Virginia small business owners and lawmakers about the important role that West Virginia’s civil justice system has in protecting the interests of our state businesses and the jobs they provide. Because of Jim Butch’s perseverance, despite numerous threats, other small business owners also see that in our courtrooms they are equal to the world’s wealthiest and most powerful corporations—and can win.
The West Virginia Association for Justice represents more than 500 plaintiffs attorneys throughout West Virginia and in surrounding states. WVAJ members are committed to preserving and improving our civil justice system in order to ensure that any person who is injured by the misconduct and negligence of others can obtain justice in America’s courtrooms. WVAJ members work to protect West Virginia families by promoting safe workplaces, safe products, quality healthcare, a clean environment and corporate responsibility.
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