Dur-A-Flex, Inc. v. Dy

Summary

The court affirmed most rulings concerning the alleged misappropriation, sanctions, attorney's fees, injunction, civil conspiracy, and malicious-misappropriation claims. It held that the plaintiff had to prove that the defendants knew the trade secrets themselves, not merely that they knew the information came from an improper source, and remanded for a new trial on that issue and for reconsideration of remedies under the head-start limitation. It also reversed the ruling that the employee's noncompete agreement necessarily lacked consideration and remanded for findings on consideration and breach.