CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION Atlas Biologicals v. Biowest, et al. (10th Cir., October 11, 2022) (affirming summary judgment in favor of Atlas on its claim for declaratory judgment that former employee’s transfer of 7% interest in Atlas to Atlas’s rival Biowest was legally invalid) *Cases marked with an asterisk are […]
Contract~Noncompete~Trade Secrets~Wrongful Termination *Parmenter v. City of Nowata (10th Cir., August 19, 2022) (reversing summary judgment in favor of Nowata on Parmenter’s claim that the city denied him procedural due process, and remanding for determination as to whether Parmenter had a protected interest in his position and, if so, whether hereceived appropriate process) *LS3, Inc. […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Atlas Biologicals, Inc., v. Kutrubes (10th Cir., July 21, 2022) (affirming award in favor of Atlas on its various claims, including misappropriation of trade secrets: the district court did not clearly err in finding liability) Discrimination~Retaliation *Casias v. Raytheon Company (10th Cir., July 20, 2022) (affirming […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination General Water Technologies, Inc., v. Van Zweden (Utah Ct. App., July 14, 2022) (affirming jury determination that defendants were liable for misappropriation of trade secret design of water-filtration system, but reversing its determination of liability for misappropriation of secret pricing information) Discrimination ~ Retaliation *Drevaleva v. […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Keybank Nat’l Assoc. v. Williams (10th Cir., February 10, 2022) (affirming denial of Keybank’s motion for preliminary injunction to prevent defendants from doing business with and soliciting KeyBankâs customers and misappropriating its trade secret and confidential information: KeyBank failed to show a probability of irreparable harm) […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Wyles v. Brady (10th Cir., July 22, 2020) (affirming dismissal of Wyles’s claims against Brady for malicious prosecution and outrageous conduct in connection with Wyles’s termination (for fraud and misappropriation of trade secrets) after seeking to reveal misconduct by corporate officers: Insufficient contacts existed between Brady and Colorado to establish personal […]
Contract/Noncompete/Trade Secret/Wrongful TerminationDTC Energy Group, Inc., v. Hirschfeld (10th Cir., December 28, 2018) (affirming denial of DTC’s motion for preliminary injunction for, inter alia, breach of contract and misappropriation of trade secrets: DTC could not show that Hirschfeld’s ongoing solicitation of DTC clients violated his employment agreement)Workers Compensation/Occupational Safety and DiseaseSchulenberg v. BNSF Railway Company (10th Cir., December 27, […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Hawg Tools, LLC, v. Newsco International (10th Cir., December 18, 2018) (affirming denial of motion to reopen claims for trade secret misappropriation of a trade secret; the district court correctly held it barred by claim preclusion)Discrimination/Retaliation*Medearis v. City of Tahlequah (10th Cir., December 21, 2018) (affirming summary judgment in favor of the […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Johns Manville Corporation v. Knauf Insulation, LLC (10th Cir., September 5, 2018) (affirming denial of Manville’s motion for a new trial on its trade secrets claim—lengthy procedural discussion) Miscellaneous Kyco Services, LLC, v. Department of Workforce Services (Utah Ct. App., September 7, 2018) (affirming, as supported by substantial evidence, determination that Kyco failed […]
Contract/Noncompete/Trade Secret/Wrongful Termination First Western Capital Management Co. v. Malamed (10th Cir., October 30, 2017) (reversing grant of preliminary injunction: First Western should have been required to demonstrate irreparable harm from alleged misappropriation of trade secrets;because it could not, the preliminary injunction was unwarranted.) Discrimination/Retaliation *Johnston v. Hunter Douglas Window Fashions, Inc. (10th Cir., November 2, […]
