Civil Procedure Keyed to Cross
AllTech Communications, LLC v. Brothers
Plaintiff, AllTech Communications, LLC, creates portable cellular towers, and Defendant, Robert Brothers previously was an owner and chief operations officer of Plaintiff. Defendant stopped working for Plaintiff and began to work for a competitor, TowerWorx. Plaintiff initiated this action against Defendant and TowerWorx claiming damages for the misappropriation of confidential business information that Defendant obtained when he worked for Plaintiff. Ten days after Defendant and TowerWorx filed an answer, Defendant filed a third party complaint against Kris Langholz, Robert Langholz, and Laurence Langholz, all officers of Plaintiff. Defendant contends that before he resigned, the Langholzes had breached their fiduciary duties, breached a contract, and unjustly enriched themselves, causing Defendant to resign from the company. The Langholzes motioned to dismiss the third-party complaint alleging that F.R.C.P. Rule 14 solely allowed a defendant to implead a third party when that party may be liable for all or part of the claim against the Defendant. Further, Langholzes contends the claims asserted against them were neither derivative nor dependent on Defendant’s liability. Alternately, the Defendant motioned for a leave to file an amended counterclaim to add the claims against the Langholzes.
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