United States Eighth Circuit

In a action alleging breach of loyalty, trade-secret misappropriation, and business interference, district court judgment denying plaintiff's motion for a preliminary injunction and dissolving the temporary restraining order is affirmed where: 1) the court did not err in finding that plaintiff failed to prove that defendants took trade-secret information or that plaintiff took reasonable steps to protect its trade secrets, and thus there is little justification for granting a preliminary injunction regarding the trade-secret claim; and 2) the court did not err in concluding that while plaintiff had a likelihood of success on its claims for statutory breach-of-loyalty, injunctive relief was not warranted, as the balancing of factors, such as irreparable harm, balance of harms, and the public interest favored defendants.

Appellate Information

• Decided 05/29/2009
• Published 05/29/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joshua D. Holleb, Davi L. Hirsch, Highland Park, IL, Leslie Bakken Oliver, Bismark, ND, for appellant.


• For Appellees:
  
• Gary R. Wolberg, Petra H. Mandigo, Bismarck, ND. for appellee.