United States Tenth Circuit

In an action brought by a former employer against former employee and his new company alleging, inter alia, misappropriation of trade secrets, an order denying defendants' motion for attorneys' fees under Fed. R. Civ. P. 41 and 54 is affirmed where: 1) there was no evidence that plaintiff's claims were made in bad faith; and 2) there is no recovery of fees when a plaintiff voluntarily dismisses an action with prejudice and the defendant failed to prove exceptional circumstances for the granting of fees.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• TACHA, Circuit Judge., Before TACHA, EBEL, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael C. Redman, Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, appearing for Appellant.


• For Appellees:
  
• J. Patrick Mensching, Lyons, Clark & Mensching, Inc., Tulsa, OK, appearing for Appellee.