Case Law Reviews, Chemicals
Tangibly Case Law Review # 4

GE Betz, Inc. v. Moffitt-Johnston, 2018

2018 , United States Court of Appeals for the Fifth Circuit

Judge Priscilla R. Owen

Summary

In the 2018 case of GE Betz, Inc. v. Moffitt-Johnston, the United States Court of Appeals for the Fifth Circuit dealt with allegations from GE Betz, Inc. against Michelle Moffitt-Johnston and AmSpec Services, L.L.C. for breaching a non-solicitation agreement, misappropriating trade secrets, and tortiously interfering with prospective business relationships. The district court partially granted summary judgment in favor of the defendants, particularly dismissing the trade secret misappropriation claim due to speculative evidence. The appellate court affirmed this decision in part but vacated the award of $217,189 in attorney’s fees to Moffitt-Johnston, finding insufficient evidence of breach of the non-solicitation agreement or trade secret misappropriation. This case underscores the importance of concrete evidence in claims of trade secret misappropriation and contractual breaches. The decision is an appeal from the district court for the Southern District of Texas.

Decision

The appellate court affirmed the district court’s judgment in part but vacated the award of attorney’s fees to Moffitt-Johnston, finding no evidence of breach of non-solicitation agreement or misappropriation of trade secrets.

Legal Significance

This case highlights the challenges in enforcing non-solicitation agreements and protecting trade secrets within the industry, emphasizing the need for clear, concrete evidence to support claims.

Financial Judgement

$217,189.00

Key Takeaways

The case illustrates the critical importance of concrete evidence in enforcing non- solicitation agreements and protecting trade secrets. It also demonstrates the judicial scrutiny applied to claims of misappropriation and contractual breaches, emphasizing the speculative nature of evidence as insufficient for proving such claims.

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