Bury & Partners claimed Mason's actions caused a client to break off a contract and to not bring expected future projects to the firm. It claimed this cost it $89,000 in past and expected future projects, and sought that amount plus attorney fees.

In September 2005, plaintiff Bury & Partners, a Houston civil engineering firm, hired Deborah Mason, a civil engineer. Mason signed a non-compete agreement as a condition of her employment. She left the firm in March 2006 to establish her own firm and one of her intial clients was a Bury & Partners' client. Mason had been manager of the client's project for Bury & Partners.

Bury & Partners sued Mason, alleging breach of contract, tortious interference, breach of fiduciary duty and misappropriation of trade secrets. It claimed Mason was in breach of a clause in the non-compete agreement barring her from taking current Bury & Partners clients. It further claimed Mason's actions caused the client to break its existing contract with Bury & Partners and prevented prospective future contracts, constituting tortious interference.

Mason denied she solicited the client in question. She claimed the non-compete agreement allowed her to take on clients she had known before starting at Bury & Partners, and that this applied to the client in question. She also claimed failure of consideration, justification and comparative responsibility. The misappropriation of trade secrets case was dropped before trial.