Ed Keely just won a small victory in his lawsuit against Janus. The former portfolio manager left the Denver-based fund firm in May 2007 and accused Janus of breaching his contract by cutting his pay (prior to the departure) (see MFWire, 8/23/2007 and 8/24/2007). Janus' lawyers had wanted to use co-chief investment officer Gibson Smith's notebook as evidence, but the Rocky Mountain News' James Paton reports that Denver District Judge John McMullen just threw that evidence out of court.

"What I have found is manipulation of critical evidence that would have resulted in false testimony had it not been uncovered," McMullen said, according to the Rocky Mountain News. "I would find that there's very strong circumstantial evidence that this was not an innocent mistake."

Janus apparently planned to use the notebook in question to substantiate its claim that Keely received enough advance notice of the pay cut. 

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