Power Contracting v. Thurman — 5th Cir. (Oct 5, 2026)
The Fifth Circuit hears Power Contracting versus Thurman. David Thurman was a vice president at Power, which had taken over his former employer, Mesa Line Services. He and another employee, Travis Golden, left for a rival business owned by Quanta Services. Power accused Thurman of sharing confidential information and helping recruit Golden while still working for Power. Thurman disputes that he recruited Golden or caused him to leave. His employment contract restricted competition, recruitment and disclosure, but tied its protections to a corporate group whose parent later dissolved. The district court ruled that those provisions did not protect Power, and rejected its separate loyalty claim without a trial. Power now appeals, seeking to revive the contract claims and have a jury decide the loyalty dispute. Summary judgment allows a decision without trial when no important fact is genuinely disputed and the law entitles one side to win. There is also a dispute over who must pay Thurman's defense lawyers. Advancement pays covered defense expenses while a case is ongoing, with repayment possible later; indemnification concerns who ultimately bears eligible expenses. Aaron Nielson represents Power and will argue for reversal.
Power Contracting v. Thurman (No. 26-40057) — U.S. Court of Appeals for the Fifth Circuit, argued October 5, 2026.
- 0:00Introduction
- 17:33Advocate — Walter Simons