39 Cited authorities

Ruckelshaus v. Monsanto Co.
467 U.S. 986 (1984) Cited 1,062 times 17 Legal Analyses
Holding that Missouri law, which follows the Restatement of Torts, creates cognizable property right in trade secrets
Merck Eprova AG v. Gnosis S.P.A.
760 F.3d 247 (2d Cir. 2014) Cited 189 times 11 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"
M.D. Mark, Inc. v. Kerr-McGee Corp.
565 F.3d 753 (10th Cir. 2009) Cited 196 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"
Thyroff v. Nationwide
2007 N.Y. Slip Op. 2442 (N.Y. 2007) Cited 190 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
Dresser-Rand Co. v. Virtual Automation Inc.
361 F.3d 831 (5th Cir. 2004) Cited 189 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"
Mallis v. Bankers Trust Co.
717 F.2d 683 (2d Cir. 1983) Cited 262 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
Matter of Rothko
43 N.Y.2d 305 (N.Y. 1977) Cited 237 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"
GlobeRanger Corp. v. Software AG U.S., Inc.
836 F.3d 477 (5th Cir. 2016) Cited 67 times 7 Legal Analyses
Finding no preemption on Texas's misappropriation-of-trade-secrets claim
Trademark Research Corp. v. Maxwell Online
995 F.2d 326 (2d Cir. 1993) Cited 133 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
Rooney v. Tyson
91 N.Y.2d 685 (N.Y. 1998) Cited 87 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."
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 230 times 2 Legal Analyses
Authorizing the New York Court of Appeals to review certain certified questions

E.J. Brooks Company,, Appellant-Respondent,v.Cambridge Security Seals, Respondent-Appellant.

39 Cited authorities

Holding that Missouri law, which follows the Restatement of Torts, creates cognizable property right in trade secrets

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"

Holding that computer files could be the subject of a conversion claim, where plaintiff was entirely denied use of those files

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"

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

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"

Finding no preemption on Texas's misappropriation-of-trade-secrets claim

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

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."

Authorizing the New York Court of Appeals to review certain certified questions