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 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 *Peterson v. XPO Logistics, Inc. (10th Cir., May 4, 2020) (reversing dismissal of Peterson’s claims: based on Peterson’s failure to specifically claim fraud, the district court had applied Utah’s judicial proceedings privilege to exclude emails from XPO to Peterson’s new employer claiming Peterson was in violation of his employment contract. But the […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Cook Martin Poulson v. Smith (Utah Ct. App., April 9, 2020) (affirming in part and reversing in part findings of contempt, entry of sanctions, and summary and final judgments in connection with injunction regarding noncompete agreement) Discrimination ~ Retaliation Babb v. Wilkie (U.S., April 6, 2020) […]
Contract ~ Noncompete ~ Trade-Secret ~ Wrongful Termination Heartwood Home v. Huber (Utah Ct. App., January 24, 2020) (affirming summary judgment in favor of defendants: Heartwood failed to include the contract in the record; nor did it carry its burden of persuasion on its claims for breach of confidentiality and loyalty) Workers Compensation ~ Occupational […]
Contract / Noncompetition C.R. England v. Swift Transportation Company (Utah, February 27, 2019) (to prove intentional interference with an employment contract by improper means, based on violation of an established industry standard, the plaintiff must provide evidence of an objective, industry-wide standard) Discrimination / Retaliation *Davis v. BAE Systems Technology Solutions & Services Inc. (10th […]
Contract/Noncompete/Trade Secret/ Wrongful Termination*Arbogast v. State of Kansas (10th Cir., October 10, 2018) (affirming 12(b)(6) dismissal based on Arbogast’s failure to satisfy the Rehabilitation Act’s statute of limitations)First American Title Insurance Company v. Northwest Title Insurance Agency (10th Cir., October 9, 2018) (affirming jury award against former employees who left to form a competing company, encouraging others […]
