United States Tenth Circuit

In a dispute arising from arising from plaintiff's acrimonious departure from his former employer, and centering on a series of noncompete provisions contained in plaintiff's employment contract, a judgment against plaintiff on all but a invasion of privacy claim and for employer on a breach of loyalty counterclaim is affirmed over the parties' challenges to the district court's: 1) determination that the noncompete provisions were enforceable; 2) submission of a breach of contract claim to the jury; 3) eve of trial discovery ruling; 4) denial of plaintiff's motion for a new trial; and 5) denial of defendant's motion for judgment as a matter of law and its motion for attorneys' fees.

Appellate Information

• Decided 05/08/2007
• Published 05/09/2007

Judges

• LUCERO, Circuit Judge., Before KELLY, ALARCÓN, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David Charles Mastbaum, Law Office of David Mastbaum, Boulder, CO, for Plaintiff-Counter-Defendant-Appellant/Cross-Appellee., Robert J. Stickles, Klett, Rooney, Lieber, & Schorling, P.C., Newark, NJ, (Christopher P. Dalton, Klett, Rooney, Lieber, & Schorling, P.C., Newark, NJ;  Natalie Marie Hanlon-Leh, Christopher P. Beall, and Owen Borum, Faegre & Benson, LLP, Denver, CO, with him on the briefs) for the Defendant-Counter-Claimant-Appellee/Cross-Appellant.