146 results for 'cat:"Trade" AND cat:"Contract"'.
J. Price denies the request for spinal clinic's quantification of damages and fees awarded by default against the lymphedema treatment facility. Based mostly on breach of contract and deceptive trade practices claims, the spinal clinic's filings are described as "heavy on exhibits and light on analysis," and are insufficient to carry the clinic's burden of showing damages.
Court: USDC Middle District of Florida, Judge: Price , Filed On: May 17, 2024, Case #: 6:17cv2206, NOS: Other Contract - Contract, Categories: Fraud, trade, contract
J. Garcia finds that the lower court properly granted no-evidence summary judgment in favor of the appellees on the clinical pharmacy's claims for misappropriation of trade secrets, tortious interference and breach of contract. Contrary to the pharmacy's argument on appeal, the time allowed for discovery was adequate. Also, the pharmacy failed to show that it suffered damages in support of its breach of contract claim against its former employee. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: May 16, 2024, Case #: 05-22-01276-CV, Categories: trade Secrets, Damages, contract
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J. Grant finds that the district court improperly dismissed the company's breach of contract and trade secrets action against the ex-employee and the competitor arising after they allegedly stole trade secrets about the company's government contract to improve the competitor's bid for the same contract. The company and the competitor are both tribally-owned businesses. Since the competitor's alleged misconduct is related to its participation in the business development program, the company's trade secrets claims fall under the scope of the competitor's sovereign immunity waiver. The district court incorrectly failed to consider the enforceability of the forum selection clause naming an allegedly nonexistent tribal court as the proper forum before dismissing the breach of contract claim against the ex-employee. Reversed.
Court: 11th Circuit, Judge: Grant, Filed On: May 1, 2024, Case #: 22-12669, Categories: trade Secrets, contract
J. Frimpong denies in part a former senior vice president's motion for judgment as a matter of law and grants in part his motion for a new trial regarding his former employer's, a human tissue product seller's, allegations that he misappropriated trade secrets, breached relevant contracts and interfered with the company's prospective economic advantage. The jury properly found that the former employer's manufacturing process was confidential, and that the former employee used or disclosed this information. The breach of duty claims are not preempted by trade secret law. The damages are supported by the evidence. There were no legal errors that would justify granting a new trial. However, there was insufficient evidence of the former employee's ability to pay a punitive damages award. The parties are ordered to further brief the issue of an appropriate punitive damages award.
Court: USDC Central District of California, Judge: Frimpong, Filed On: April 17, 2024, Case #: 2:20cv3444, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: trade Secrets, contract, Racketeering
[Consolidated.] J. Hunter finds that a trial court properly vacated a judgment which recognized and made executory a default judgment rendered in Missouri and determined that an automotive distributor violated the Louisiana Unfair Trade Practices Act related to a credit account with a shop's purported owner. In the 2019 credit agreement extended to the shop, the purported owner did not sign the application and did not agree to the parties' suits being litigated in Missouri. The evidence showed that the distributor knew who signed the 2019 credit agreement because their representative filled it out and took it to the signer, who was the purported owner's nephew. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: April 10, 2024, Case #: 55,520-CA, Categories: trade, contract
J. Nalbandian vacates the lower court's injunction against an insurance firm's former employee, finding the court failed to conduct the four-step analysis required under the Ohio Supreme Court's 1975 ruling in Raimonde v. Van Vlerah when it determined whether the insurance firm's non-solicitation agreement was enforceable. Although the client information taken by the employee was properly deemed a trade secret, the injunction's reliance on references to the non-solicitation agreement renders it defective.
Court: 6th Circuit, Judge: Nalbandian, Filed On: April 10, 2024, Case #: 23-3638, Categories: trade Secrets, contract, Injunction
J. Dever grants in part a ticket booking firm’s motion to dismiss allegations of breach of contract and fraudulent inducement, among others, brought by the organizer of the Voices of America Country Music Festival. The organizer claims that the firm created over 5,000 duplicate tickets and over 1,800 duplicate parking passes, valued at over $1.4 million total. This is a clear breach of contract, but the firm presents sufficient evidence that its errors were unintentional, so all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv676, NOS: Other Contract - Contract, Categories: Fraud, trade, contract
J. Ellison finds that a case brought by a distributor of telecommunications products in which a manufacturer terminated an exclusive contract and directed the distributor’s customers to buy directly from the manufacturer can proceed to review an amended complaint from the distributor. The court awaits relevant information to be presented in the amended complaint that will determine if the distributor’s client list constitutes trade secrets.
Court: USDC Northern District of Texas , Judge: Ellison, Filed On: April 8, 2024, Case #: 4:22cv48, NOS: Other Contract - Contract, Categories: trade Secrets, contract
J. Connolly properly denied the fabric manufacturer's motion to dismiss counterclaims brought by a solar shade maker in a copyright dispute over the weaves, patterns, and colors co-produced by the companies in their 30 year partnership. The solar shade maker's counterclaims sufficiently plead that the restrictive covenants in the parties' agreements were enforceable. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: March 27, 2024, Case #: 01744, Categories: trade Secrets, Business Practices, contract
J. Alley finds a lower court ruled partially correctly when it granted summary judgment to car sales and financing companies after they were sued by customers who argued a car they bought had “defects rendering it worthless.” The customers brought no viable claims against the car financer and the “as-is” language in their sales paperwork defeated their claims against the car seller, and the lower court was right to grant summary judgment. However, the lower court was wrong to approve sanctions against the customers’ attorney, as it had no evidence impugning his motives or credibility. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: March 22, 2024, Case #: 08-23-00127-CV, Categories: trade, contract, Attorney Discipline
J. Russell partially grants cross-motions to dismiss for failure to state a claim in this ongoing suit concerning breach of contract and trade secrets between an insurer and a former employee. The employee argues the non-solicitation restrictions shouldn’t be enforceable because Maryland courts generally do not favor “agreements that restrict former employees from soliciting all clients of a former employer, rather than only those with whom the former employer worked directly.” However, the company does not allege the employee’s position within the company, her sales or exposure to customers making the agreement overbroad and unenforceable as matter of state law. The employee must answer the complaint.
Court: USDC Maryland, Judge: Russell, Filed On: March 19, 2024, Case #: 1:23cv961, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Civil Procedure, trade Secrets, contract
J. Whitney grants an engineering firm’s motion for preliminary injunction following allegations it brought against one of its former staff members for poaching the firm’s confidential information about customers, pricing and business plans two weeks ahead of his resignation. A business development manager at a firm affiliate reported the offense, and the staff member was found to have pilfered over 9,000 classified files.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 12, 2024, Case #: 3:24cv234, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade, Negligence, contract
J. Jackson grants the business owners' motion to dismiss a trade secrets dispute. The business owner and the income tax preparation service entered into an agreement in which the business owners would operate two locations. After the agreement ended, the income tax service accused the business owners of violating their contract by using confidential trade secrets to lure customers from the franchise to the new income tax service business they had started. The income tax service failed to identify a specific trade secret the new business used to steal their customers.
Court: USDC Eastern District of Virginia, Judge: Jackson, Filed On: March 1, 2024, Case #: 2:23cv355, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: trade Secrets, Tax, contract
J. Oliver grants the photographer's motion for summary judgment, ruling the school photography company cannot pursue actual damages for his solicitation of customers because it failed to submit the profit-and-loss statement during the discovery period, but waited until the summary judgment stage, which renders the evidence inadmissible. Meanwhile, the photography company's motion for summary judgment on the photographer's counterclaims will also be granted because the employment contract between the parties allowed the company to unilaterally change the photographer's compensation structure and prevents him from seeking unpaid commissions.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 23, 2024, Case #: 3:21cv666, NOS: Other Contract - Contract, Categories: trade Secrets, contract
J. Bell grants a holding company’s motion to dismiss allegations of breach of contract, bad faith and unfair trade practices brought by the wife of a company client. After the client passed away, the wife claims the company began charging too much on the client’s life insurance policy. However, the wife’s claims are barred by a settlement agreement reached after a class action alleging the company of the same behavior was settled in 2023.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 16, 2024, Case #: 5:23cv145, NOS: Other Contract - Contract, Categories: Insurance, trade, contract
J. Hopkins denies the former employee's motion to dismiss, ruling that while she was a remote employee based in Idaho, she reported to a Kroger supervisor based in Ohio, traveled to Ohio several times throughout her employment and communicated with Ohio-based coworkers on a daily basis, all of which grants this court jurisdiction over Kroger's claims for misappropriation of trade secrets.
Court: USDC Southern District of Ohio, Judge: Hopkins, Filed On: February 16, 2024, Case #: 1:23cv816, NOS: Other Contract - Contract, Categories: trade Secrets, Jurisdiction, contract