24 results for 'cat:"Unfair Competition" AND cat:"Contract"'.
[Consolidated.] J. Wiley finds that the trial court erred in denying a motion to amend filed by a company's managing member who alleged his business partner cheated him out of the proceeds of a real estate sale. He may bring his claims on behalf of member entities and pursue his conspiracy claims against the business partner. Reversed in part.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B314426, Categories: unfair Competition, Fiduciary Duty, contract
J. Talwani grants an employee’s cross-motion for summary judgment against her former employers, who are suing her for allegedly breaching non-compete, confidentiality and other agreements she made with them. The parties are under Chinese law, under which only senior personnel are bound by non-compete agreements.
Court: USDC Massachusetts, Judge: Talwani, Filed On: March 31, 2024, Case #: 1:20cv11711, NOS: Other Contract - Contract, Categories: Employment, unfair Competition, contract
J. Seybert preserves claims against a Texas-based product manufacturer alleging it violated an exclusive distribution agreement to sell portable gas detectors and to offer calibration services to plumbing contractors in the New York City metropolitan area when it began offering competing products and services. The court finds the agreement is enforceable and the defendants agreed to be bound by its terms.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 29, 2024, Case #: 2:22cv7845, NOS: Other Contract - Contract, Categories: unfair Competition, contract
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J. Barbadoro denies two brothers’ motion for summary judgment against their former employer, who is suing them after they retained its confidential information, solicited its clients and competed against it. While the brothers claim the non-compete and non-solicitation provisions of their employment agreements are unreasonable and therefore unenforceable, they are, in fact, enforceable.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 25, 2024, Case #: 1:21cv781, NOS: Other Contract - Contract, Categories: Employment, unfair Competition, Interference With contract
J. Du denies the petroleum refinery cleaning company's motion for summary judgment on its claims a former employee breached non-disclosure and noncompete agreements by disclosing a proprietary chemical formula and cleaning process. The 5-year duration at issue here places too great a hardship on the employee, invalidating the non-competition clause. The unreasonable provision renders the agreement unenforceable.
Court: USDC Nevada, Judge: Du , Filed On: December 18, 2023, Case #: 3:21cv48, NOS: Other Contract - Contract, Categories: unfair Competition, contract
J. Conrad orders one mortgage company to identify all devices that another lender gave to employees of the mortgage company when they previously worked for the lender. This is because the lender accuses said employees of violations of restrictive covenants, misappropriation of trade secrets and unfair competition when they began working for the company. The company denies any wrongdoing and argues the lender has no right to inspect the devices, nor to continue soliciting the employees for them. However, the order stipulates the company must present the devices for inspection to continue litigation.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: November 3, 2023, Case #: 2:23cv633, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, unfair Competition, contract
J. Schroeder grants in part a women’s intercollegiate lacrosse coaches organization’s motion for summary judgment against an event management company for trademark infringement. The company began using the organization’s logos and applied for trademarks for them when the parties disagreed on whether their 2020 tournament series should be cancelled due to the Covid-19 pandemic. The organization officially cancelled the series, but the company advertised that it would still be held. The company’s use of the logos evidences its violation of trademark law, and its refusal to cancel the series constitutes tortious interference with the parties’ contract as well as unfair trade practices.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 26, 2023, Case #: 1:20cv425, NOS: Other Contract - Contract, Categories: Trademark, unfair Competition, Interference With contract
J. Burroughs denies the industrial companies' motion for summary judgment against the promotional products company's lawsuit accusing them of scheming to sabotage and bankrupt the promotional products company. Why one of the industrial companies stopped working with the promotional products company, and whether the industrial companies purchased products made using the promotional products company's molds, is unclear, so summary judgment is not appropriate.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: September 18, 2023, Case #: 1:20cv11955, NOS: Trademark - Property Rights, Categories: Trademark, unfair Competition, contract
J. Pittman denies, in part, the lenders' motion to dismiss claims by small business owners who allege the lenders racked up more than $970 million in revenue from the Payroll Protection Program but failed to pay out the promised loans to their businesses and others. They have sufficiently alleged their claims for fraud, breach of contract, unfair and deceptive trade practices, and unfair competition.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: September 6, 2023, Case #: 4:22cv686, NOS: Other Contract - Contract, Categories: Fraud, unfair Competition, contract
J. Hill finds a lower court properly dismissed an electronics company's trade secrets claims against an equipment manufacturer, who won a government contract bid to manufacture a technology test system. The electronics company argued that the equipment manufacturer infringed on its trade secrets in order to create a "price-competitive" proposal." However, the intellectual property involved in the proposal was already available to the public. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Hill, Filed On: July 21, 2023, Case #: 119,563, Categories: Trade Secrets, unfair Competition, contract
J. Perluss finds that the trial court properly granted summary judgment to Disney on contract and unfair competition claims that material elements of its film "Zootopia" were lifted from pitch materials created by an outside writer. No evidence showed that the writer's materials made it beyond his contact at Disney to the company's animation department. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: July 19, 2023, Case #: B315859, Categories: unfair Competition, contract
J. Conti dismisses certain contract counterclaims brought against a competing aluminum manufacturer in claims arising from a licensing agreement that allows use of the competitor's aluminum pretreatment process in manufacturing Ford F-150 pickup truck bodies. The licensing agreement does not provide particulars about material pricing and "market forces," and both parties paid the same price for materials from the same supplier, with the exception that the competitor received royalties for the use of proprietary technology.
Court: USDC Western District of Pennsylvania, Judge: Conti, Filed On: July 13, 2023, Case #: 2:17cv1434, NOS: Other Statutory Actions - Other Suits, Categories: Trade Secrets, unfair Competition, contract
J. Russell grants an IT company and several of its employees their motion to dismiss a competing tech firm's allegations of breach of contract and unfair competition after the employees left the firm for the company. The firm does not sufficiently show that its former employees breached contract nor perpetrated unfair competition because those rules were in the restrictive covenants section of the contract and are unenforceable. Also, the firm's filing for a declaratory judgment is time-barred.
Court: USDC Maryland, Judge: Russell, Filed On: July 11, 2023, Case #: 1:22cv1988, NOS: Other Contract - Contract, Categories: unfair Competition, contract
J. Kocoras denies a gypsum cement manufacturer’s motion to strike a flooring product manufacturer’s affirmative defenses in this contract dispute, but partially grants its motion to dismiss the flooring product manufacturer’s counterclaims. The court dismisses the flooring product manufacturer’s counterclaims for bad faith dealing, unfair competition and Illinois Uniform Deceptive Trade Practices Act violations. The rest of the claims, including a federal fraud claim, survive.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: May 16, 2023, Case #: 1:22cv268, NOS: Other Contract - Contract, Categories: Fraud, unfair Competition, contract