Civil Procedure Keyed to Cross
Astro-Med, Inc. v. Nihon Kohden America, Inc
Plaintiff, Astro-Med, Inc., a Rhode Island company, maintains its financial and marketing information confidential. Plaintiff hired Kevin Plant, Defendant. Under the employee agreement between the parties, there were a non-competition, non-disclosure provisions, and a forum selection clause, which stated Rhode Island would be the proper place for dispute resolution. Plaintiff provided Defendant with access to its confidential information, and Defendant requested Plaintiff to relocate him to Florida. Thereafter, Plaintiff relocated Defendant. After, Nihon Kohden America, Inc., a California corporation and competitor of Plaintiff, hired Defendant to sell its competing products in the same region. Nihon knew about the employment agreement between the parties. Plaintiff brought suit against Defendant and Nihon in the federal district court in Rhode Island on the grounds of breach of contract and the misappropriation of trade secrets. Plaintiff contended that Defendant created an unfair competition, causing tortious interference and misappropriation of trade secrets. At the completion of trial, Plaintiff was granted $375,800 in damages. Nihon appealed alleging that Rhode Island was not the proper venue, thus, the case should be dismissed or transferred.
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