United States Eighth Circuit

In an action for breach of a noncompetition agreement and unfair competition, partial judgment for both parties is affirmed where: 1) the district court did not abuse its discretion by denying the amendment of plaintiff's counterclaim; and 2) a party will not be granted relief that is not pled when it would unduly prejudice the opposing party. However, the district court's denial of plaintiff's motion for attorney's fees is remanded where the district judge's ruling that there was no statutory basis for an award of attorney's fees was erroneous.

Appellate Information

• Decided 06/07/2010
• Published 06/07/2010

Judges

• BENTON, Circuit Judge., Before LOKEN, Chief Judge, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kenneth Lee Marshall, argued (Daniel M. O'Keefe, Hannah F. Preston, on the brief), St. Louis, MO, for appellant.


• For Appellees:
  
• Mitchell A. Margo, argued (Kenneth J. Heinz, on the brief), St. Louis, MO, for appellee.