39 Cited authorities

  1. Ruckelshaus v. Monsanto Co.

    467 U.S. 986 (1984)   Cited 909 times   13 Legal Analyses
    Holding that Missouri law, which follows the Restatement of Torts, creates cognizable property right in trade secrets
  2. M.D. Mark, Inc. v. Kerr-McGee Corp.

    565 F.3d 753 (10th Cir. 2009)   Cited 160 times
    Holding that, where it is unclear whether a motion is made under rule 50(b) or rule 59, and the party seeking relief failed to properly preserve arguments by a mid-trial motion for judgment as a matter of law under rule 50, "[t]hat leaves only the possibility of Rule 50 relief"
  3. Thyroff v. Nationwide

    2007 N.Y. Slip Op. 2442 (N.Y. 2007)   Cited 167 times   4 Legal Analyses
    Holding that computer files could be the subject of a conversion claim, where plaintiff was entirely denied use of those files
  4. Merck Eprova AG v. Gnosis S.P.A.

    760 F.3d 247 (2d Cir. 2014)   Cited 115 times   10 Legal Analyses
    Finding that where "a plaintiff has met its burden of proving deliberate deception in the context of a two-player market, it is appropriate to utilize a presumption of injury," and distinguishing from non-comparative advertising cases, where "the injury 'accrues equally to all competitors; none is more likely to suffer from the offending broadcasts than any other,'" meaning that a plaintiff must offer "'some indication of actual injury and causation' . . . to ensure that plaintiff's injury is not speculative"
  5. Dresser-Rand Co. v. Virtual Automation Inc.

    361 F.3d 831 (5th Cir. 2004)   Cited 148 times
    Holding that "this Court is bound to disregard any errors, including the admission of expert testimony, that do not affect the substantial rights of the parties"
  6. Mallis v. Bankers Trust Co.

    717 F.2d 683 (2d Cir. 1983)   Cited 250 times
    Holding that “[i]n light § 5001's mandatory nature,” even a failure to request such interest in the complaint or during trial does not constitute a waiver of the right to prejudgment interest under the statute
  7. Matter of Rothko

    43 N.Y.2d 305 (N.Y. 1977)   Cited 219 times   1 Legal Analyses
    Holding that where it is impossible to appraise damages with certainty, the Surrogate "had the right to resort to reasonable conjectures and probable estimates and to make the best approximation possible through the exercise of good judgment and common sense in arriving at that amount"
  8. Trademark Research Corp. v. Maxwell Online

    995 F.2d 326 (2d Cir. 1993)   Cited 114 times
    Holding that lost profit estimates for CD-ROM sales were too speculative when the CD-ROM database technology had never been implemented in the trademark field
  9. Rooney v. Tyson

    91 N.Y.2d 685 (N.Y. 1998)   Cited 83 times
    Holding "absent an agreement establishing a fixed duration, an employment relationship is presumed to be a hiring at will, terminable at any time by either party."
  10. GlobeRanger Corp. v. Software AG U.S., Inc.

    836 F.3d 477 (5th Cir. 2016)   Cited 33 times   4 Legal Analyses
    Finding no preemption on Texas's misappropriation-of-trade-secrets claim
  11. Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27   Cited 210 times   1 Legal Analyses
    Listing courts from which the New York Court of Appeals will accept certified questions