United States Eighth Circuit

In an action for breach of fiduciary duties, copyright infringement and other claims, district court judgment is affirmed where: 1) the court properly denied of plaintiff's motion for a new trial on its breach of fiduciary duties and misappropriation of trade secrets claims as the jury could have concluded that defendants' conduct did not proximately cause plaintiff to lose the customers' business; 2) the court did not erroneously deny plaintiff's motion for a new trial on the conspiracy claim as there was sufficient evidence to support the jury findings that accounting defendants and banking defendants did not conspire with the former employees; 3) jury instructions on the conspiracy claim were not erroneous; 4) the court did not abuse its discretion in denying plaintiff's motion for a new trial on its aiding and abetting claims as the evidence was sufficient for the jury to conclude the defendants did not know the employees' conduct was improper; 5) the district court did not abuse its discretion in denying plaintiff's unjust enrichment claim; and 6) the court did not err dismissing defendant's counterclaim that he was improperly denied a bonus.

Appellate Information

• Decided 07/28/2009
• Published 07/28/2009

Judges

• RILEY, Circuit Judge., Before WOLLMAN, BYE, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William Lynch Schaller, argued, Michael A. Pollard, John M. Murphy, Chicago, IL, Michael W. Thrall, on the brief, Des Moines, IA, for appellant.


• For Appellees:
  
• Deborah Marie Tharnish, argued, Stanley J. Thompson, Megan Manning Antenucci, Glenn L. Smith, John H. Moorlach, Eric Gregory Hoch, I, on the brief, Des Moines, IA, for appellees Richard Donohue, Theobald Donohue & Thompson, P.C., MidwestOne Bank & Trust and Steven P. Hicks., Gordon R. Fisher, argued, Des Moines, IA, for appellees Darrell Raduechel and Barry Spain.