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United States Ninth Circuit


CRST Van Expedited, Inc. v. Werner Enters., 04-56809, 04-57129

In an action involving a corporation's allegations that its competitor lured away employees who had signed employment contracts, dismissal of common law tort and state statutory claims is reversed where: 1) plaintiff adequately alleged a violation of intentional interference with contract; 2) consequently, plaintiff adequately alleged a violation of California's Unfair Competition Law (UCL); and finally, 3) having alleged a violation of the UCL, plaintiff adequately alleged that defendant's acts were independently wrongful so as to support a claim for intentional interference with prospective economic advantage.

Appellate Information

  • Argued 10/23/2006
  • Decided 03/15/2007
  • Published 03/15/2007

Judges

  • BEA, Circuit Judge., Before A. WALLACE TASHIMA, CARLOS T. BEA, and SANDRA S. IKUTA, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Barry Levenstam, Jenner & Block LLP, Chicago, IL, for the appellant;  Scott T. Schutte and Kathy A. Karcher, Jenner & Block LLP, Chicago, IL, were on the briefs.

  • For Appellees:
  • Robert M. Waxman, Ervin, Cohen & Jessup LLP, Beverly Hills, CA, for the appellee.  Andres Quintana, Ervin, Cohen & Jessup LLP, Beverly Hills, CA, was on the brief.
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