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Case Citations [i] (Fall 2023)

handle is hein.ali/retuc0516 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2023 Citations UNFAIR COMPETITION 3D Generally C.A.6, 2022. Cit. generally in case cit. in disc. Dietary-supplement developer sued customer, alleging that defendant misappropriated plaintiff's trade secrets regarding broccoli-seed extracts by hiring plaintiff's former employee, who provided plaintiff's confidential research and development information to defendant, and used it to create competing broccoli supplement products. The district court entered judgment on a jury verdict for plaintiff. This court affirmed, holding that substantial evidence supported a jury finding that defendant misappropriated plaintiff's trade secrets. The court observed that Kentucky frequently looked to the Restatement Third of Unfair Competition for analyzing trade-secrets issues. Caudill Seed & Warehouse Co., Inc. v. Jarrow Formulas, Inc., 53 F.4th 368, 380. W.D.Pa.2022. Cit. generally in disc. and in case quot. in disc. Importer of steel products filed a state- law unfair-competition claim against competitor in state court, alleging that competitor misrepresented to the Department of Commerce that it was capable of manufacturing certain types and quantities of steel slab, resulting in the Department's denial of importer's request for an exemption from a tariff on importing such slab to fulfill customer orders. After competitor removed the action, this court granted competitor's motion to dismiss, holding that importer's state-law claim was preempted by the statutory and administrative framework governing the imposition of the tariff and the process for adjudicating an exemption request. The court rejected importer's argument that Pennsylvania would adopt the Restatement Third of Unfair Competition, which brought regulatory violations under the umbrella of unfair competition. NLMK Pennsylvania, LLC v. United States Steel Corporation, 592 F.Supp.3d 432, 444. CHAPTER 1. THE FREEDOM TO COMPETE § 1. General Principles D.Kan.2022. Cit. and quot. in sup.; com. (g) quot. in sup. Provider of nursing-education resources sued creator of nursing-education videos, alleging, inter alia, that defendant engaged in unfair competition by using plaintiff's study materials to create study videos and sell related material without plaintiff's permission. This court granted in part and denied in part plaintiff's motion for summary judgment, holding that plaintiff's common-law unfair-competition claim was not preempted by federal copyright law and state statutes regarding trade-secrets misappropriation. The court cited Restatement Third of Unfair Competition § 1 in defining unfair competition, and explained that, in this case, plaintiff's COPYRIGHT (2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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