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Civil Procedure Keyed to Erichson
Astro-Med, Inc. v. Nihon Kohden America, Inc.
Citation:
591 F.3d 1 (1st Cir. 2009)Facts
Astro-Med (Plaintiff) was a company in the life sciences equipment market. One of its employees, Kevin Plant, was hired away by a competitor, Nihon Kohden. Plant’s initial employee agreement with Astro-Med stated that Rhode Island would be the proper place for dispute resolution. Plant was later relocated to Florida. After Nihon Kohden hired Plant, Astro-Med brought suit against Plant and Nihon in federal district court in Rhode Island, alleging breach of contract and the misappropriation of trade secrets. Astro-Med contended that Nihon Kohden created unfair competition, which caused tortious interference and misappropriation of trade secrets. A jury entered a verdict in favor of Astro-Med. Nihon Kohden appealed, alleging that Rhode Island was not the proper venue for the litigation.
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