HOT DOCS

UNFAIR COMPETITION ? FieldTurf USA Inc. v. TenCate Thiolon Middle East

OPINION ? Fiber that FieldTurf bought from TenCate degraded prematurely. FieldTurf introduced a competing fiber and sued TenCate. TenCate countersued for false advertising and unfair competition. FieldTurf won partial summary judgment due to TenCate’s lack of evidence of consumer confusion and failure to show financial injuries. (N.D. Ga.)

TRADE SECRETS ? Wellogix Inc. v. Accenture L.L.P.

OPINION ? Wellogix won a jury verdict of $26 million plus $68 million in punitive damages for Accenture’s misappropriation of Wellogix’ oil well construction paperwork software. Wellogix accepted a remittitur of $18 million on the punitive damages. The Fifth Circuit denied Accenture’s motion for a new trial, and found that the punitive damage award was not excessive. (5th Cir.)

CONSTRUCTION ? ProBuilders Specialty Ins. Co. v. Valley Corp.

ORDER ? Valley lost a $2 million lawsuit. ProBuilders does not want to pay on Valley’s insurance policy, claiming Valley made material misrepresentations. In requests for admissions, Valley identified subcontractors, but then tried to retreat from those admissions. The judge denied the amendment, finding it would inject unnecessary ambiguity into the case. (N.D. Cal.)

CONTRACTS ? B&E Gibson Enters. Inc. v. Darngavil Enters. LLC

OPINION ? Part of plaintiff’s case was dismissed under Florida’s contractual privity economic loss rule. When the Florida Supreme Court recently abrogated the rule in the Tiara Condo decision, plaintiff re-pled its case. But despite the change in the law the court found that plaintiff failed to allege a justifiable reliance on a false statement, and dismissed the case again. (M.D. Fla.)

ASSAULT - In re Welfare of P.E.O.

UNPUBLISHED OPINION - Juvenile was convicted of assault in biting the finger of store security guard, who suspected her of shoplifting. Witnesses testified she was not acting in self-defense, as security guard restrained and handcuffed her only after she bit his finger. (Minn.App.)

COURT WIRE: JUST FILED

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