United States Fifth Circuit

In a case arising from the termination of an employment relationship between plaintiff-former employer and two employees, as well as the employees' decision to enter into a new employment relationship with defendant-company, a judgment and rulings against plaintiff is affirmed in part, but reversed in part where the district court erred in: 1) dismissing a breach of contract claims against former employees; 2) dismissing a tortious interference claim against defendant-company for lack of sufficient evidence; and 3) finding that plaintiff withdrew its Lanham Act and misappropriation/unfair competition claims.

Appellate Information

• Decided 03/19/2008
• Published 03/20/2008

Judges

• BENAVIDES, Circuit Judge:, Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• J. Michael Tibbals (argued), Snell, Wylie & Tibbals, Dallas, TX, for Plaintiff-Appellant., John K. Schwartz, Susan Allison Kidwell (argued), Locke, Lord, Bissell & Liddell, LLP, Austin, TX, for Spanish Broadcasting System, Inc., Bruce Allan Griggs (argued), Ogletree Deakins, Austin, TX, for Bernal and Garza.