United States Eleventh Circuit

In an action involving equitable and legal claims against defendants for appropriation of plaintiff-physicians' names and identities to market and sell medical discount cards, dismissal of the complaint is vacated and remanded where the district court erred in ruling that plaintiffs' sole remedy was on the contract entered with defendants, as Georgia law provides that plaintiffs' claims of misappropriation are not preempted by their contract with the defendants.

Appellate Information

• Decided 03/24/2008
• Published 03/24/2008

Judges

• PER CURIAM:, Before ANDERSON, BLACK and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jay D. Brownstein, Brownstein, Nguyen & Little, LLP, Tucker, GA, Kevin S. Little, Brownstein, Nguyen & Little, LLP, Atlanta, GA, for Plaintiffs-Appellants.


• For Appellees:
  
• Christopher E. Parker, Mozley, Finlayson & Loggins, LLP, Ronald J. Stay, Jr., Stites & Harbison, PLLC, Atlanta, GA, David E. Hudson, Hull, Towell, Norman, Barrett & Salley, PC, Augusta, GA, for Defendants-Appellees.