122 results for 'cat:"Trade Secrets" AND cat:"Contract"'.
Per curiam, the appeals court finds the trial court improperly overruled the roofing company's trade-secret objections to the insurance company's discovery demands in the parties' dispute over payment for roofing work for an insured, without reviewing the trade-secret materials or holding an evidentiary hearing. The roofing company's petition for a writ of certiorari is granted, and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2024, Case #: 23-2629, Categories: trade Secrets, Discovery, contract
J. Nunley allows a spray booth company to pursue its misappropriation of trade secrets, contract and unjust enrichment claims against a distributor who allegedly began selling products manufactured using confidential information he learned from the company’s onsite training. The company has sufficiently alleged that information related to the spray booth features is not accessible to the public and that the distributor only learned of the features through in-depth training on the company's products after entering into an authorized distributor agreement.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: May 28, 2024, Case #: 2:23cv1453, NOS: Other Contract - Contract, Categories: trade Secrets, contract
J. Brailsford grants a licensed broker-dealer's motion to dismiss, denies in part its motion to compel arbitration and stays the case pending arbitration. A credit union alleges that former employees went to work for a competitor and "aggressively solicited" its customers and employees for the benefit of the competitor. The credit union asserts claims of wrongful conduct against the competitor and former employees, but not against the licensed broker-dealer. The credit union must arbitrate its claims against the former employees, but is not required to arbitrate its remaining claims.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 24, 2024, Case #: 4:23cv433, NOS: Other Contract - Contract, Categories: Arbitration, trade Secrets, contract
J. Graz finds a lower court properly granted declaratory judgment in favor of a former worker on contract claims brought by a chemical company. The chemical company argued that the former worker violated his agreement by refusing to adhere to non- solicitation, non- compete, and non- disclosure pacts. However, the former worker sufficiently showed in court that he was not an actual employee and did not owe contractual obligations to the chemical company based on lack of participation in an Equity plan. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 17, 2024, Case #: 23-1193, Categories: Employment, trade Secrets, 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
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. 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. 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. 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. 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
J. Rubin finds the lower court improperly enforced an arbitration award. This dispute concerns two wireless communications companies over breach of contract, trade secret misappropriation and deceptive trade practices. The court did not have an independent basis of subject matter jurisdiction to confirm the arbitration award. Reversed.
Court: 4th Circuit, Judge: Rubin, Filed On: February 14, 2024, Case #: 22-1253, Categories: Arbitration, trade Secrets, contract
J. Starr denies, in part, a former employee's motion for summary judgment on a motorsports company's trade secrets and other claims. There are questions of fact regarding the company's claims for unfair competition, breach of contract and trade secret misappropriation, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 6, 2024, Case #: 3:21cv2180, NOS: Trademark - Property Rights, Categories: Employment, trade Secrets, contract
[Consolidated.] J. Brody finds that one of two trial courts hearing aspects of the same dispute over allegedly poached employees and trade secrets abused its discretion when it increased an award from $1 million to $2.3 million, as the award was not the result of passion or prejudice, and its injunctive order was overly broad. The second trial court properly held that the preliminary injunction was overly broad and unenforceable since it restrained lawful conduct. Reversed in part.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 2, 2024, Case #: 49418, Categories: trade Secrets, Damages, Interference With contract
J. Land denies the parent charity's motion to dismiss the state charity's second amended counterclaim for misappropriation of trade secrets and breach of contract. The state charity sufficiently alleged that its donor list was a protectable trade secret and that the parent charity engaged in misappropriation by accessing the donor list under false pretenses and by sharing it with other charity chapters. However, the motion is granted to the extent that the state charity brings an independent, separate claim for breach of the duty of good faith and fair dealing.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 26, 2024, Case #: 4:22cv207, NOS: Other Contract - Contract, Categories: trade Secrets, contract