Business Torts Reporter articles from January 2003

Business Torts Reporter archives from January 2003

A claim for misappropriation of trade secrets arises only once--when the initial misappropriation occurs. (Highlight Case).(Cadence Design Systems Inc. v. Avant! Corp.)
January 1, 2003... Cadence Design Systems, Inc. v. Avant! Corp., 2002 WL 31623710 (Cal. Sup. Ct., Nov. 21, 2002). (1) Cadence Design Systems, Inc. and Avant! Corporation are both in the business of developing integrated circuit design automation software. The...

Breach of fiduciary duty. (In The Courts).(Helen Monahan files complaint against Elizabeth Davis )
January 1, 2003... Delayed discovery doctrine does not apply to breach of fiduciary duty claims in Florida. Davis v. Monahan, 2002 WL 31477296 (Fla., Nov. 7, 2002). The plaintiff Helen Monahan, an elderly woman suffering from senile dementia, brought the...

Business defamation and disparagement. (In The Courts).(David and Beverly Pegasus form actin against Reno Newpapers Inc. )
January 1, 2003... Comments in restaurant review are not automatically protected opinion, but restaurant is a limited-purpose public figure for purposes of review, requiring proof of actual malice to hold reviewer liable. Pegasus v. Reno Newpapers, Inc.,...

Fraud and negligent misrepresentation. (In The Courts).(Malcolm X Community College hires Glen Hefferman and then refuses to pay )
January 1, 2003... Sufficient evidence supported jury's finding that school's athletic director committed fraud when he offered plaintiff coaching position, but school thereafter failed to pay for plaintiff's services. Hefferman v. Board of Trustees of...

Interference with contract. (In The Courts).
January 1, 2003... Letter attempting to influence party not to deal with plaintiff because plaintiffs design allegedly violated defendant's copyright was not actionable because conduct was justified. P. Kaufmann, Inc. v. Americraft Fabrics, Inc., 2002 WL...

Interference with prospective advantage. (In The Courts).(lawsuit between Service Vending Co. and Wal-Mart Stores Inc.)
January 1, 2003... Tortious interference claim was not established when evidence indicated that defendant's "interference" was conduct permitted under its contract with plaintiff. Service Vending Co. v. Wal-Mart Stores, Inc., 2002 WL 31556787 (Mo. Ct....

Noncompetition covenants. (In The Courts).(between HRR Arkansas Inc. and River City Contractors Inc.)
January 1, 2003... Open-ended geographical scope of covenant not to compete, made contingent on possible relocation of business, held unenforceable. HRR Arkansas, Inc. v. River City Contractors, Inc., 2002 WL 31390522 (Ark., Oct. 24, 2002). HRR Arkansas,...

Privacy and publicity. (In The Courts).(Dr. Donald L. Johnson hires private investigator to watch Dr. and Mrs. Donald Stewart)
January 1, 2003... Radiologist's hiring of private investigator to perform surveillance of partner and wife not actionable in absence of substantial evidence of actual intrusion into private affairs. Johnson v. Stewart, 2002 WL 31341089 (Ala., Oct. 18,...

Tortious breach of contract. (In The Courts).(David Fleming files an action with former employer Xerox Connect Inc.)
January 1, 2003... A common-law whistleblower claim cannot be based on an employee's disclosure of his or her employer's mere breach of contract. Fleming v. Xerox Connect, Inc., 2002 WL 31472829 (6th Cir., Oct. 30, 2002). David Fleming was allegedly fired...

Trade secrets. (In The Courts).(LinkCo Inc. versus Fujitsu Ltd.)
January 1, 2003... If secrecy surrounding a product would necessarily be lost once the product was marketed, trade secret protection is not available. LinkCo, Inc. v. Fujitsu Ltd., 2002 WL 31427365 (S.D.N.Y., Oct. 29, 2002). As discussed supra with regard...

Unfair competition. (In The Courts).(LinkCo Inc. versus Fujitsu Ltd.)
January 1, 2003... Unfair competition claim may be based on misappropriation of information that would not be eligible for trade secret protection. LinkCo, Inc. v. Fujitsu Ltd., 2002 WL 31427365 (S.D.N.Y., Oct. 29, 2002). As discussed supra with regard to...